■■■■•/■ 

.:     ■■;/■:  :■;    ■  "■ 


THE  STATE  OF  TEXAS,-  ) 

Department  of  State.      ) 

I,  R.  J.  Townes,  Secretary  of  State  of  the  State  of  Texas,  do  certify  that  the 
Extra  Session  of  the  Ninth  Legislature  of  said  State,  convened,  in  accordance  with 
the  Proclamation  of  the  Governor,  at  Austin,  on  Monday  the  second  day  of 
February  one  thousand  eight  hundred  and  sixty-three,  and  adjourned  on 
Friday,  the  6th  day  of  March  the  same  year. 

And,  I  further  certify  that,  the  acts  and  resolutions  contained  in  this  volume, 
are  true  copies,  taken  from  the  original  rolls  deposited  in  this  Department,  which 
have  been  carefully  compared. 

Given  under  my  hand,  and  the  Seal  of  the  Department  of  State 
affixed,  at  the  City  of  Austin  on  the  seventh  day  of  June  one  thousand 
•  eight  hundred  and  sixty  three. 

•  R.  J.  TOWNES, 
Secretary  of  State. 


GENERAL  LAWS 


OF  TUB 


TENTH  LEGISLATURE, 


OF  THE 


STATE  OF  TEXAS. 


PUBLISHED  BY  AUTHORITY. 


HO  CJSTQK: 

PRINTED  AT  Til  ;  GALTESTON  NEWS. 


Digitized  by  the  Internet  Archive 
in  2010  with  funding  from 
Duke  University  Libraries 


http://www.archive.org/details/generallawsoften05texa 


GENERAL    LAWS. 


CHAPTER  I. 

[ANl4lZ:rt'ln'J  Un  **"*^  '<>  ***  the  Contingent  fig ,, of  the  Te»* 

^^Ao^Z^^L^Xf the  S!ale °f  *~. ~  <* 

as  may  be  necessary,  be  and  the  Z  e  J,  J  .r  J       UTy  D°.tes-  or  so  much  'hereof 
gent  expenses  of  the  Tenth  LegSaU.re  7  appropnate(1  to  PaJ  <he  contin- 

A^roVedN^be?  ift  U&  ***  *"  ta  force  from  and  *«  *  passage. 

CHAPTER  li. 

AN  ACT  to  amend  the  first  section  of  an  Act  entitle,!  <•  An    i,n  ,    ■        , 

;  /ton  in  Certain  Cases-  approval  January  IW £l862  '  to^evwi  ^<*1*- 

person  shall  falsely  repreint  him«Jlf  ?,  a  r "er  read  aS  follows  :  That  if  aD? 
Purchasing  Agent  of f  theUnfod Trlt  <£  ?  Coiun^ary,  or  Quartermaster,  or 
sub-agent  of  ^(^1^^^^!^  "  ?  ^  S-tate°f  Teiaa>  oras  lhe 
or  as  the  Agent  of  any  County  IWftS^k*  -1  Urchas  ??  ASent.  as  aforesaid; 
Aid  Associaton:  ■'  o/other iodat on  rPirchalInSp"PP^s;  orof  any  -Mutual 
the  poor  and  needy  £ri\lTZ™to?'&%jer*  f,  toP^"re  supplies  for 
any  Texian  or  Confederate'  State,  sil, W  *,  \?T  for  ih?  iam]*  or  famili<?8  of 
representation,  purchase  any  a'tic  e  o  f'So Xfof  '.hS*  wt  un^r1suchfa1^ 
cotton,  or  wool  -or  inv  nfi^r  «tt  vol    /  Clothing— shoes,  leather,  hides,  c  oth, 

manufactured;  o'r  an -Soy isTonf  whea  So,  5"*'  0r  fl'°m  Wh|Ch  ClotbinS  can  b* 
>r  any  other  article  o^sXS^of ty  ^cvSn-Z^f'  ^  h°F'  Caltle 
Men,  wagons,  ambulance,  w»  »,    '  ,  ,p       ,1°'^  horses,  mules,  work 

Ae  amies;  or'  shaU  toTanv  ffiS ^!S?  w^w^^«*  ore  needed  m 
^resenting  that  the  article  orarS  i,  ™~Jer  lab°r  ''  °r  rent  ™y  Lo«^s  5  ">" 
ise  and  benefit  of  such  State  or  rin^  Vn?ch™d  are  on  account  of,  or  for  the 
>r  families;  or  that  he  n£%£  ZfSt?"*  ?*****'>  ^^iation/or  County, 
he  Confederate  States  or  State of  rtZ'  -°r  h°UEes  S0  hired-  are  T™  the  use  of 
l«emed  t-uiltx -of a felonv ™h ?f  Texas'  man7  manner;  such  person  shall  be 
EurisdSn  shaU  be  Jin? 1^°°  Con/lction  th"eof  in  a  court  of  compe 
■  labor  nit  lP^?i-n*Pd  y  co,nfinement  in  the  State  Penitentiary  at 
Approyc^NVy^rfb^MoeJ.1  "^  ^  tm  J^  for  *"*  ^encf"7-  * 


4 

CHAPTER  III. 

AN  ACT  to  authorize  the  Supreme  Court  of  the  State,  for  the  Galveston  District,  to 

told  Us  Spring  lerm  at  the  City  of  Austin,  or  elsewhere. 

Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
8aS    taut  of  the  State  for  the  Galveston  District,  is  hereby  au  homed  to 
hold  its  Soring  Term  for  the  year  1864,  and  annually  thereafter,  at  the  City  of 
Austi .  or  i   such  other  place  as  the  Sup......  Court  may  determine    until  the 

C  ty  ot  GalveS  is  permanently  relieved  of  the  presence  oi  the  publ.c >  enemy 

cL.  9  Tint  il. a  Fudges  of  said  Court  are  hereby  authorized  to  have  the  le- 
oortud  !•  !  a^eiS^o  theSup,,,,,,  «',u,.  of  said  Galveston  District^ 
corus  ami  i    I  il        .       «        }     k     ,  geparate  and  apart    from  the  records 

S0;"r-,"  "1  "•£  An '.in  !>£& '.  «a.  10  be  Umed  «.  .be  Galveston  Ditttet, 
"ff  "A \KK-i -S  Sta  in  for"  -Von,  a„„  aft.,  ■„  passage. 

Approved  November  27th.  1863. 

CHAPTER  IN. 

fers   and   to  extend  lh<  time  for  th 

Se2,«ndSe^ 

Bbction  l      Be  a  -,.«cf*/  ty  »  ,   1 ,1iat  a,J 

BeS^oer  foe  various  Pre-empti.  shall  have  unti    .he  1st  day  of 

Jan  uarv   1866  to  return  their  field  notes  ind  pay  the  dues  thereon. 

sir.  J ■    All  laws  conflicting  with  I  lion  ol  this  Act,  are  hereby  re- 

P tia'3.  That  this  Act  shall  t,  d  be  in  force  from  and  after  its  passage. 

Approved  November  271 

CHAPTER  V. 

IV  ICTtoavd 
of  Deserters  andoihet  i 

Suction  1      Bi  "-/'-  &  rhM' 

I,,  the  duty  of  *e  Sheriff,  ot  . 

ceive  into  custody,  and  safelv  keep,  all  person,  committed  to  then-  c 

order  of  i  cWm&oned  offiJer  in  the  military  service  of  t] 

or  of  S  «  ^  ,i,  of  Texas ;  That  the  order  of  the  oflicer  committing  the  offendj 

Bhal   1    'a  «  i  ttciV.it  warrant  ...  the  Sheriff  receiving  into  his  custody  the  , 

or  per"o.  '  ci  ir^ed  with  desertion,  or  any  other  offense  a, 

and  h  shall  be  the  duty  of  the  Sheriff  to  safely  keep  sa.d  i 

until  otherwise  ordered  by  the  military  authorities,  or  until  du 

oouieofthe  law  of  the  land;  Prorided,  however. 

committing  s*id  offenders,  shall  provide  for  th.  and  shall  furnish 

a  sufficient  guard,  if  the  i  . 

Bac.  2.  That  this  Act  take  I  be  in  tor- 

Approved  November  27th.  1>C:'>. 

«M!.\ 

AKACTtoamemlthr  firs 
passed  Dec.  im,  1849, 

Section  1.    Be  it  enact  'J      Th 

first  section  of  the   aboi  . ;  ^nTemJw 

Confederate  States  of  Americ  ■  -  '  ' ')  ™f°" 

ered,  to  purchase,  acquire,  hoi  I  cupy  and  : 


within  the  limits  of  this  State,  as  they  shall  judge  it  expedient,  and  shall  seek 
to  occupy  and  hold  as  sites  on  which  to  erect  and  maintain  light  houses,  fort*, 
garrisons,  military  stations,  magazines,  arsenals,  dock-yards,  armories  or  manufac- 
tories for  arms  or  munitions,  and  all  other  needful  buildings  or  any  of  tbem.  as 
contemplated  and  provided  in  the  Constitution  of  the  Confederate  States  of 
America  ;  said  purchases  to  be  effected  either  by  contract  with  the  owner  or 
owners  of  said  land  or  land-,  or  in  the  manner  hereinafter  provided. 

Sec.  2.  That  this  Act  be  in  force  from  its  passage. 

Approved  November  27tb,  18(53. 

CHAPTER  VII. 

AN  ACT  to  suspend  all  laics  for  the  Collection  of  Debts  and  Liabilities  on  Bonds, 
Promissory  Notes,  Bills  of  Exchange,  and  Contracts  for  the  Payment  of  M     • 
until  tirdve  months  after  the  Ratification  of  a   Treaty  of  Peaet  orfi 
federate  States  oi  i  mica,  or  until  otherwise 

provided  by  lair. 

Section  1.    B-   it  enacted  bytht  tie  of  Texas.  That  until 

twelve  months  after  the  ratification  ot  a  treaty  of  peace  between  the  Confederate 
States  of  America  and  the  United  tt  atea  of  America,  or  until  otherwise  provided 
by  law.  all  laws  for  the  collection  of  debts  and  liabilities  ou  bonds,  promissory 
notes,  bills  of  exchange,  and  contracts  for  the  payment  of  money,  except  in 
cases  of  official  liabilities  on  the  part  of  public  officers,  liabilities  and  indebted- 
ness to  the  State,  and  also  where  money  has  been  received  on  deposit,  or  in 
trust  for  those  who  may  lie  entitled  to  the  same,  and  for  the  collection  of  the 
interest  on  the  money  loaned  at  interest  by  guardians,  belonging  to  their  wards, 
are  hereby  suspended  :  Provided,  That  this  act  shall  not  be  construed  to  forbid 
the  issuance  of  writs  of  attachment,  sequestration,  or  injunction,  nor  the  insti- 
tution of  necessary  preliminary  proceedings  for  that  purpose,  in  accordance 
with  existing  laws ;  and,  provided  further,  that  this  act  shall  not  apply  to  any 
claim  or  demand  against  alien  enemies ;  and,  provided  further,  that  this  act  shall 
not  be  so  construed  as  to  interfere  with  the  action  of  the  Supreme  Court  in 
deciding  all  cases  as  now  directed  by  law. 

Sec.  12.  That  this  act  shall  not  apply  to  parties  who  have  cases  now  pending 
in  the  Courts,  who  agree,  in  open  Court,  to  proceed  to  trial. 

Sec.  3.  That  until  the  expiration  of  the  time  named  in  the  first  section  of 
this  act.  or  until  otherwise  provided  by  law,  no  executiou  or  venditioni  exponas, 
founded  upon  any  judgment  or  decree,  obtained  previous  to  the  passage  of  this 
act.  shall  be  issued  for  the  sale  of  property,  nor  shall  there  be  any  sales  under 
execution  or  writs  of  venditioni  exponas,  now  issued  or  levied,  unless  the  judg- 
ment creditor,  or  his  agent  or  attorney,  shall  make  an  affidavit  in  writing, 
before  the  Justice  of  the  Teace,  or  the  Clerk  of  the  Court,  to  whom  he  shall 
apply  for  said  execution  or  venditioni  exponas,  that  the  defendant  is  about  to 
remove  his  property  beyond  this  State,  or  the  Connty  where  the  judgment  or 
decree  was  rendered,  or  that  he  is  about  to  transfer  or  secrete,  or  has  transferred 
or  secreted  hia  property,  for  the  purpose  of  defrauding  his  creditor?,  arid  that, 
thereby,  the  plaintiff  will  probably  lose  his  debt ;  and  he  shall  also  swear  that 
the  writ  is  not  sued  out  for  the  purpose  of  injuring  the  defendant:  Provided, 
That  any  debtor  or  defendant,  who  may  have  property  in  the  hands  of  the 
Sheriff  or  other  officer,  under  l^vy  of  execution  or  venditioni  exponas,  shall, 
within  sixty  days  after  the  p  kbla  act,  replevy  the  same,  by  giving 

bond  in  double  the  value  of  the  property,  or  the  amount  of  the  debt,  if  it  be 
less,  with  good  and  sufficient  security,  payable  to  the  plaintiff  in  the  writ,  for 
the  forthcoming  of  the  property  when  th  i  remedies  for  the  collection  of  debts, 
hereby  suspended,  shall  be  revived. 

Sec.  4.  That  this  act  shall  not  be  con-trued  to  discharge  the  lien  which  has 
already  been  acquired  by  due  process  of  law,  nor  e  >ne,  during  which 

this  law  is  in  force,  be  computed  .  ■■•  where  th  if  limitation 

comes  in  question. 


Sec.  5.  That  during  the  time  named  in  this  act,  or  until  otherwise  provided 
by  law,  it  shall  not  be  necessary  to  issue  execution  or  writs  of  venditioni  exponas 
to  prevent  judgments  from  becoming  dormant,  nor  shall  it  be  necessary  for  the 
holder  of  any  bill  of  exchange  or  promissory  note  to  bring  suit  against  the 
acceptor  of  such  bill  of  exchange,  or  against  the  maker  of  such  promissory  note, 
in  order  to  secure  and  fix  the  liability  of  any  drawer,  or  endorser,  of  such  bill 
of  exchange,  or  any  endorser  of  such  promissory  note. 

Sec.  6.  That  until  the  time  named  in  the  first  section  of  this  act,  or  until 
otherwise  provided  by  law,  there  shall  be  no  sales  of  property  under  deeds  of 
trust,  or  mortgages,  or  hypothecations  in  writing :  but  the  beneficiaries  under 
the  same  shall  be  entitled  to  the  benefits  of  the  writ  of  sequestration,  in  accord- 
ance with  the  existing  laws  :  Provided,  That  in  all  cases  where  the  property 
conveyed  by  deeds  of  trust,  or  mortgages  with  power  of  sale  in  the  mortgagee, 
may  be  of  a  perishable  nature  and  liable  to  depreciation  in  value  by  lapse  of 
time,  the  beneficiaries  in  such  deeds  of  trust  or  mortgages  shall,  after  the 
maturity  of  the  same,  be  entitled  to  the  benefits  of  the  writ  of  sequestration, 
upon  making  affidavit  in  writing  before  the  officer  to  whom  he  shall  apply  for 
said  writ  as  follows,  to  wit:  First,  that  he  holds  an  unsatisfied  deed  of  trust,  or 
mortgage,  upon  the  property  sought  to  be  sequestrated,  and  which  shall  be 
described  in  the  affidavit,  and  shall  also  state  that  the  debt  secured  by  said 
deed  of  trust,  or  mortgage,  is  due  and  unpaid,  and  the  amount  thereof;  second, 
that  said  property  is  of  a  perishable  nature  and  is  depreciating  in  value,  or  that 
it  is  being  wasted  by  the  person  in  possession  of  the  same,  and  that,  by  reason 
of  such  depreciation  or  waste,  the  security  provided  by  such  deed  of  trust,  or 
mortgage,  will  become  insufficient,  before  the  lapse  of  time  provided  for  in  this 
act,  for  the  payment  of  the  amount  due  on  such  deed  of  trust  or  mortgage,  and 
thereupon  said  writ  of  sequestration  shall  be  issued,  and  the  property  seques- 
trated may  be  replevied  by  the  debtor,  or  grantor,  in  said  deed  of  trust  or 
mortgage,  or  in  default  thereof,  by  the  beneficiary  therein,  as  now  provided  by 
law,  under  the  act  regulating  sequestration. 

Sec.  7.  That  un'il  the  time  named  in  this  act,  or  until  otherwise  provided 
by  law,  no  property  of  any  soldier,  seaman,  or  marine,  now  or  hereafter  en- 
gaged in  the  military  or  naval  service  of  the  Confederate  States  of  America  or 
the  State  of  Texas,  shall,  during  such  service,  be  levied  on  under  execution, 
or  sold  by  virtue  of  any  levy  heretofore  made  ;  nor  shall  the  property  of  any 
such  soldier  or  marine  be  subject  to  attachment,  or  writs  of  venditioni  exponas, 
or  sequestration,  during  his  continuance  in  said  service. 

Sec.  8.  That  this  act  shall  take  effect  and  be  in  force  from  and  after  the  first 
day  of  January,  A.  D..  18C4. 

Approved  December  2d,  i860. 

CHAPTER   VIII. 

AN  ACT  to  provide  for  the  en  of  additional  labor  in  the  State  Peni- 

tentiary. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas.  That  it  shall 
be  the  duty  of  the  Financial  Agent. of  the  State  Penitentiary,  under  the  advice 
of  the  Directors  thereof,  to  hire  an  additional  amount  of  labor  for  said  Peni- 
tentiary. 

Sec.  2.  That  said  Financial  Agent  shall  employ  either  white  persons  or 
slaves,  or  both,  to  labor  in  said  Penitentiary,  as  may  be  found  most  advan- 
tageous to  said  institution  ;  and  as  much  labor  shall  be  so  employed  as  can  be 
advantageously  used  in  working  the  whole  of  the  machinery  in  said  institution. 
Sec.  3.  That  in  all  receipts  and  disbursements  of  money,  under  the  pro- 
visions of  this  act,  the  said  Financial  Agent  shall  be  governed  by  the  laws  in 
force  in  other  cases  ;  and  he  shall  also  include  in  his  annual  reports  to  the  Direct- 
ors an  account  of  such  action  as  he  may  take,  nnder  the  provisions  of  this  act. 
Sec.  4.  That  in  order  to  carry  out  the  provisions  of  this  act,  said  Financial 
Agent  is  authorized  to  use  such  an  amount  of  money  as  may  be  necessary,  out 


of  the  appropriation  made  for  the  purposes  of  the  Penitentiary,  or  Out  of  the 
proceeds  of  sales  of  articles  manufactured  therein. 

Sec.  5.    That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  2d,  1863. 

CHAPTER   IX. 

AN  ACT  making  an  appropriation  for  the  mileage  and  per  diem  pay  of  the 
Members,  and  the  per  die)  -  .    ]  Officers  of'  Ute  Tenth  L&jislature  of  the- 

State  of  Texas. 

Section-  1.    Be  it  en  ■  t  of  the  Slate  of  Texas.  That  the 

sum  of  seventy-five  thousand  dollars  in  Confederate  Treasury  notes,  or  so  much 
thereof  as  may  be  necessary,  be  and  the  same  is  hereby  appropriated,  out  ot 
any  money  in  the  Treasury  not  otherwise  appropriated,  for  the  mileage  and 
per  diem  pay  of  the  members  and  the  per  diem  pay  of  the  officers  of  the,Tenth 
Legislature  of  the  State  of  Texas. 

Sec.  _.  That  the  certificate  of  the  Secretary  of  the  Senate  and  the  certificate 
of  the  Chief  Clerk  of  the  House,  shall  be  sufficient  evidence  to  the  Comptroller, 
upon  which  he  shall  audit  the  claims  and  draw  his  warrants  upon  the  Treasurer 
for  the  respective  amounts. 

Sec.  3.     That  this  act  be  in  force  from  and  after  its  passage. 

Approved  December  4tb,  L863. 

CHAPTER  X. 

AN  ACT  to  require  District  Attorneys  to  report  to  (he  Comptroller's  Office  in  certain 

Cases. 

Section  1.  He  it  enacted  by  (he  Legislature  of  tl^c  State  of  Texas,  That  the 
Comptroller  shall  furnish  to  the  several  District  Attorneys  respective  statements 
of  defalcations  to  the  State  in  their  districts,  specifying  names  of  defaulters 
and  amounts  due.  which  claims  shall  have  been  placed  in  the  charge  of  said 
Attorneys  for  collection;  and  thereupon  said  Attorneys,  respectively,  shall  make 
complete  returns  to  the  Comptroller  twice  a  year  at  the  expiration  of  the  regu- 
lar circuits  of  the  courts  of  the  Districts,  showing  the  exact  condition  of  any 
suits  that  shall  have  been  instituted  for  such  collections,  and  the  precise  situa- 
tion of  the  collections,  that  shall  have  been  made,  either  with  or  without  suits  ; 
and  in  any  case  where  such  Attorney  shall  have  failed  to  make  such  return,  the 
salary  of  such  delinquent  shall  not  be  paid  until  the  proper  return  shall  have 
been  received  at  the  Comptroller's  Office. 

Sec.  2.  This  Acjt  shall  be  in  force  from  its  passage. 

Approved  December  4th.  1 


CHAPTER  XL 

AN  ALT  to  amend  ''An  Act  concerning  Common  Carriers  and  defining  tlieU'  lia- 
bilities in  certain  ciscs,''  approved  February  4th,  laOO. 

Section  1.  Lc  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  first 
section  of  "  an  Act  concerning  Common  Carriers  and  defining  their  liabilities  in 
certain  cases,"  approved  February  -1th,  1SG0,  be  so  amended  as  hereafter  to 
read  as  follows,  to-wit :  Section  1.  Be  it  enacted  by  the  Legislature  of  the  State 
of  Texas.  That  railroad  companies  and  other  common  carriers  of  goods,  wares, 
and  merchandise  lor  hire,  within  this  State,  on  land,  or  in  boats,  or  vessels,  od 
the  waters  entirely  within  the  body  of  this  State,  shall  not  limit,  or  restrict  their 
liability,  as  it  exists  at  common  law,  by  any  general  or  special  notice,  nor  by 
inserting  'exceptions  in  the  bill  of  Lading,  or  memorandum  given  upon  the 
receipt  of  the  goods  for  transportation,  nor  in  any  other  manner  whatever,  and 


8 

no  special  agreement,  made  in  contravention  of  the  foregoing  provisions  of  this 
section,  shall  be  valid. 

Sec.  2.  That  this  Act  take  effect  and  be  in  force  from  and'after  its  passage. 

Approved  December  4th,  1863. 

CHAPTER  XII. 

AN  ACT  to  amend  the  1st  section  of  an  Act  approved  January  14M,  1862,  I0  fix 

the  Salaries  of  the  officers  and  Clerks  therein  named. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  first 
section  of  the  above  recited  Act  shall  hereafter  read  as  follows,  viz  :  That  the 
salary  of  the  Governor's  Private  Secretary  shall  be  twelve  hundred  dollars  per 
annum. 

Sec.  2.  That  this  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  4th,  1863. 

CHAPTER  XIII. 

AN  ACT  to  provide  for  the  Manufacture  of  Spinning  Jennies. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  State  of  Texas,  That  it  shall 
be  the  duty  of  the  Military  Board  to  cause  to  be  constructed,  with  as  much  dis- 
patch as  practicable,  at  the  State  Foundery  in  the  City  of  Austin  or  elsewhere, 
machines  for.  spinning  cotton  thread,  commonly  called  spinning  jennies,  to  be 
gold  to  the  people  and  the  proceeds  of  the  sales  paid  into  the  State  Treasury  ; 
and  in  the  sales  of  said  machines,  regard  shall  be  had,  as  far  as  practicable,  to 
the  wants  of  the  people  in  different  parts  of  the  State. 

Sec.  2.  That  for  the  purpose  of  carrying  into  effect  the  foregoing  section,  the 
sum  of  two  hundred  thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
is  hereby  appropriated. 

Sec.  3.  That  this  Act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  7th,  1803. 

CHAPTER  XIV. 

AN  ACT  to  amend  "  An  Act  to  suspend  the  operations  of  the  Estray  Laws,  for 
and  during  the  existence  of  the  present  War,  and  for  six  months  after  its  termina- 
tion, extept  in  certain  cases,"  approved  Feb.  25th,  1863,  shall  hereafter  read  as 
follows,  to^wit : 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Stale  of  Texas,  That  from 
and  after  the  passage  of  this  Act,  all  laws  and  parts  of  law#,  providing  for  the 
estraying  of  stock,  and  prescribing  the  course  of  proceedings  in  the  same, 
and  of  selling  stock  heretofore  estrayed,  shall  be  in  all  things  suspended  for 
and  during  the  exisience  of  the  present  war,  and  until  six  months  after  peace 
shall  be  concluded,  with  the  exceptions  hereinafter  mentioned. 

Sec.  2.  That  any  person  may  have  the  right,  under  the  regulations  now  in 
force  for  estraying  stock,  to  estray  any  vicious  animal,  or  breachy  stock,  that  is 
likely  to  injure  the  stock  in  the  range,  or  the  property  of  any  person,  and  any 
person  desiring  to  estray  any  such  stock  shall,  in  addition  to  the  regulations 
heretofore  prescribed,  prove  by  two  credible  witnesses,  by  an  affidavit  in 
writing,  to  be  filed  with  the  papers  in  the  County  Clerk's  office,  that  the  property 
estrayed  is  vicious,  breachv,  or  so  unruly  as  to  be  dangerous,  and  unfit  to  run 
at  large. 

Sec.  3.  That  any  person  or  persons,  having  estrayed  any  property  which  was 
unsold  at  the  time  of  approving  of  the  above  Act,  he,  she,  or  they,  shall  proceed 
to  sell  such  stock,  aa  heretofore  prescribed  for  selling  estray  stock. 

Sec.  4.  Provided,  that  in  all  cases  of  sales  under  this  Act  of  stock  hereafter 
estrayed  under  the  provisions  of  this  Act,  the  person  estraying  said  stock  shall 


not  be  permitted    either  directly  or  indirectly,  to  bid  for  such  stock,  and  shall, 

«w  fn  ?hl  rg  f  av°nnt  0f/eeSuf0r  ^s,ril.ving,  pay  the  whole  amount  of  the 
sale  into  the  County  Treasury  for  the  use  of  the  county,  if  not  claimed  by  the 
legal  owner  of  said  stock.  J 

Sec.  5.  That  this  Act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  7th,  18G3.  l        ° 

CHAPTER  XV. 

Ainl'1^  ''7r  llC°  f11™™*^™,  ?r  so  ,nuch  thereof  as  nmy  be  necessary, 

7Jn   •         L  :     n  J"n>d°;  l°  *T&  •'"''  ''<'  I>(-{'  vv'  '•"  '■•'  ®<&  <*nd  to  Bevel 
rnvaswn,  and  jor  the  Purchase  of  Machinery  for  manufacturing  purposes. 

ITnlfpS^I  ^  e-XlfnS  W3r'  ,wagod  hy  the  Pe°Plc  and  Government  of  the 

™,  f     ,'h         '  againrl  1lH'u P'  °? I*  and  Government  of  the  Confederate  States, 

or  the  purpose  of  repelling  the  invasion  of  this  State  by  the  enemy,  therefore 

U  d  by  the  Legislature  of  the  State  of  Tesas,  *  mereiore, 

Section  1    That  the  Governor  of  the  State  of  Texas  be,  and  he  is  hereby 

EnES  n°neI1'  °r  haVC  S0Ld'  tbe  b01lds  of  ,h0  State  to  **  amount  of  Two' 
Millions  of  Dollars,  or  so  much  of  said  sum  as  he  may  deem  necessarv  to  meet 
the  purposes  contemplated  in  this  Act.  uwajswiy,  to  meet 

«*i?fl°;£liT!fi  SaM  b*0nd?«fifU  b8  iss"wl  in  8Uch  sums  a*  the  Governor  of  the 
State  shall  deem  most  suitable  ;  and,  if  he  should  deem  it.  advisable,  he  may 

said  toterX  to  hS  fi \he?* iDtere8Vn0t  °XCeedinS  six  Pi  cent,  per'annun^ 
»™J¥h  °i  paid  at  the  s:ulle  timo'  and  in  tbe  same  manner  hereinafter 
prescribed  for  the  payment  of  the  principal.  "ereinaiter 

oftos  A  J^n  Ci,paymr  ■  °f  the  bonds  issued  in  Pursuance  of  the  provisions 
or  this  Act,  shall  be  made  in,  predicated  upon,  and  secured  by  the  cotton  now 
belonging  or  which  may  hereafter  belong,  to  the  State  of  Texas.     The  quality 

on  he fl°cl  o?  TA  T  ^£?&  ShaU  be  fixed  h?  lhe  GOTerDor  "d  .pqecifle5 
bonds  LuS  r°ndSi  tbat  the,cottoQ  so  PledSed  ^  the  payment  of  said 
,™™  fhal\be  dellvered,  in  good  merchantable  order,  free  of  carriage,  at 
ffilL  Pi?e  State_of  Texas  not  in  possession  of  the  enemy,  at  which  the 
«  H South T  °f  nbe  b0Ddlmay  de™"d-  with  the  exception  of  such  Ports 
cotton  nnLh  , i^  CaVaU°  ;-,thut  the  State  8haU  W  all  export  duties  on  said 
to^inn  i  T£  a  certincate  of  ownership,  and  procure  an  export  permit 
or  owTrl  7  *£  ?elir,0ry  °f  "?  COtton  i  *«">«"*>  Amc  r«  r.  that  if  the  owner 
™trnr,  W  ,laid  b°°d  °r  b0nds'  8ba11  fail  t0  deraand  ^  d^ivery  of  said 
tJp?n  th!:0,  i,bC  exPiratlon.  of  six  calendar  months  after  a  treaty  of  peace  be- 
Zhn,^  belligerents  mentioned  in  the  beginning  of  this  Act.  then  said  bond 
SJ  h„.t may  be  discharged,  by  the  State  paying  in  money  the  face  value  of 
hi,  or  bonds  with  interest  thereon  at  the  rate  at  which  said  bond  or 
,  mf7  bav?  b^e?  negotiated,  from  the  date  of  the  sale  of  said  bond  or 

K  ,  ,daM8,ba11  be  endorsed  thercon  by  the  agent  authorized  to  negoti- 
ate the  sale  of  said  bonds.  b 

♦fc-n0 '  *"  iTh,at  said  bonds  sha11  be  s'gned  bv  the  Governor,  countersigned  by 
tne  comptroller,  and  bear  the  Seal  of  the  State. 

Sec.  5.  That  the  Governor  of  the  Stato  be  and  is  hereby  authorized  to  appoint, 
at  a  reasonable  compensation,  some  suitable  person  or  firm,  to  act  as  agent  in 
fcurope  or  elsewhere,  to  verify,  issue,  endorse  and  dispose  of  said  bonds,  with 
I  power  to  substitute  other  agents  in  his  or  their  stead;  and  no  bond  shall  confer 
any  right  until  verified,  issued  and  endorsed  by  said  agent  or  substituted  agent, 
Wlio  shall  be  commissioned  by  the  Governor  under  the  Seal  of  State. 

Sec.  6.  That  the  money  raised  by  the  sale  of  the  bonds  issued  in  pursuance 
oi  the  provisions  of  this  Act,  shall  constitute  a  special  fund,  to  be  used  only  in 
providing  for  the  defense  of  the  State,  and  repelling  any  invasion  of  the  same, 
and  tor  the  purchase  of  the  machinery  for  manufacturing  put] 

BEC  /.  That  this  Act  shall  take  effect  from  and  after  r 

Approved  December  10th.  ! 


10 

CHAPTER   XVI. 

AN  ACT  to  amend  the  caption  and  first  section  of  "  an  Act  relating 
to  Forfeitures  in  certain  cases  of  Bail  Bonds  and  Recognizances,  in 
cases  of  Misdemeanor"  approved  Dec.  9th  1861. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  cap- 
tion of  the  above  named  Act  be  and  the  same  is  hereby  amended  so  as  hereafter 
to  read  as  follows,  to-wit :  "  An  Act  relating  to  forfeitures  in  certaiu  cases  of 
bail  bonds  and  recognizances  ia  cases  of  felonies  and  misdemeanors." 

Sec.  2.  That  the  first  section  of  the  above  entitled  Act  shall  hereafter  read  as 
follows  :  That  during  the  continuance  of  the  existing  war  between  the  Confed- 
erate States  of  America  and  the  United  States,  no  forfeitures  of  any  bail  bond 
or  recognizance,  executed  or  entered  into,  by  any  defendant  or  surety  for  a 
defendant,  witness  or  surety  for  a  witness,  in  any  case  of  misdemeanor  or  felony, 
shall  be  taken  or  entered  by  any  court  in  this  State,  against  such  defendant  or 
surety  for  defendant,  witness  or  surety  for  witness,  while  such  defendant  or 
-witness  shall  be  in  the  military  or  naval  service  of  the  Confederate  States  of 
America  or  of  this  State;  nor  shall  any  such  forfeiture  be  taken  or  entered 
against  any  such  surety  of  a  defendant  or  witness,  while  such  surety  shall  be  in 
such  service. 

Sec.  3.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage, 
and  shall  cease  to  be  of  force  or  effect  from  and  after  the  establishment  of  peace 
between  the  Confederate  States  and  the  United  States. 

Approved  December  10th,  1863. 

CHAPTER  XVII. 

AN  ACT  to  amend  the  first  section  of  "An  Act  to  regulate  proceed- 
ings in  the  District  Courts,'1'1  approved  May  13th,  1846. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  first 
section  of  an  Act  entitled  "  An  Act  to  regulate  proceedings  in  District  Courts," 
approved  May  13th,  1846,  be  so  amended  as  to  read  as  follows  :  No  person  who 
is  an  inhabitant  of  this  State  shall  be  sued  out  of  the  County  where  he  has  his 
domicil,  except  in  the  following  cases,  viz  :  First,  in  case  of  married  women, 
who  must  be  sued  in  the  county  where  her  husband  has  his  domicil;  Second,  in 
case  the  defendant  is  a  transient  person,  in  which  case  he  may  be  sued  in  what- 
ever county  he  may  be  found;  Third,  in  cases  where  there  may  be  two  or  mort 
defendants  residing  in  different  counties,  in  which  cases  the  plaintiff  may  institute 
suit  in  any  county  where  any  of  such  defendants  may  reside  ;  Fourth,  in  cases 
where  a  person  has  contracted  to  perform  an  obligation  in  any  particular 
county,  in  which  case  suit  may  be  instituted  in  that  county,  or  where  the  defen- 
dant has  his  domicil  ;  Fifth,  in  cases  of  executors,  administrators  or  guardians 
of  an  estate,  or  trustees,  who  must  be  sued  in  the  county  in  which  the  estate  is 
administered;  Sixth,  in  cases  of  fraud  and  also  in  cases  of  defalcation  of  public 
officers,j  in  which  cases  suit  may  be  instituted  in  the  county  where  the  fraud 
was  committed,  or  where  the  defalcation  occurred,  or  where  the  defendant  has 
his  domicil;  Seventh,  where  the  defendant  ha3  committed  some  crime,  or  offence, 
or  trespass,  for  which  a  civil  action  in  damages  may  be  commenced,  in  which 
cases,  suit  may  be  instituted  in  the  county  where  the  crime  or  offence  or  trespass 
was  committed,  or  in  the  county  where  the  defendant  has  his  domicil ; 
Eighth,  in  cases  where  the  suit  is  for  a  slave,  animal,  or  other  movable  property, 
in  which  cases  suit  may  be  instituted  in  whatever  county  such  property  may  be 
found,  or  where  the  defendant  resides;  Ninth,  in  cases  where  the  defendant  has 
inherited  an  estate,  concerning  which  suit  is  commenced,  in  which  case  suit 
may  be  instituted  in  the  county  where'the  estate  principally  lies;  Tenth,  in  cases i 
for  the  foreclosure  of  mortgages  or  lien,  in  which  cases  suit  may  be  instituted 
in  the  county  where  the  mortgaged  property  or  property  subject  to  lien,  or  any 


11 

part  thereof,  may  be;  Eleventh,  in  cases  where  the  recovery  of  land,  or  damages 
thereto,  is  the  object  of  a  suit,  in  winch  cases  suit  must  be"  instituted  where  the 
•land  or  a  part  thereof  is  situated. 

Sec.  2.  That  this  Act  take  effect  an  1  be  in  force  from  and  after  its  passage. 

Approved  December  10th.  1868. 

CHAPTER  XVIL1. 

AN  ACT  authorizing  the   County   Courts    to    regulate    the   Pay   of 
Sheriffs  in  certain  cases. 

Section  1.    Be  k  emoted  by  the    '  re  of  the  State  of  Texas,  That  the 

County  Courts  of  the  several  counties  composing  the  State  of  Texas,  be  and 
the  same  are  hereby  authorized  to  allow  the  Sheriffs  thereof,  for  summoning 
jurors,  in  the  District  Courts,  serving  election  notices,  notices  on  over> 
roads,  attending  on  District  and  County  Courts,  and  doing  ail  ether  bush  oss  not 
provided  for,  such  sum  or  sums  of  money  as  such  Courts  may  deem  sufficient 
for  said  service,  not  to  exceed  two  hundred  dollars  per  annum,  to  be  paid  out 
of  the  Treasury  of  said  County,  any  law  to  the  contrary  notwithstanding. 

Bbc.  2.  Be  it  enacted  that  all  laws  and  parts  of  laws  securing  or  attemping  to 
secure  to  certain  counties,  the  object  embraced  in  section  one,  of  this  Act.  be 
and  the  same  are  hereby  repealed. 

Sec.  3.  Be  it  enacted  that  this  Acl  take  effect  from  and  after  its  pass 

Approved  December  10th.  1863. 


CHAPTER  XIX. 


AN  ACT  to  aid  Enrolling  Officers  in  the  discharge  of  tket 
duties 

Section  1.     Z>V  '  .    when" 

ever  any  Enrolling  Officer  of  this  State,  or  of  the  Confederate  Sates  of  Americai 
within  this  State,  may  be  authorized  or  required  to  execute  any  order  directed 
to  him  by  proper  authority,  or  in  the  lawful  discharge  of  the  duties  of  his  office, 
to  arrest  any  person  having  been  drafted,  or  any  person  subject  to  conscripl 
or  any  deserter  from  the  military  service  ol  this  State  or  of  the  Confederate  States. 
it  shall  be  lawful  for  such  officer,  if  he  d  em  it  necessary,  to  call  on  the  Sheriff 
of  the  county  in  which  such  order  is  to  be  executed,  or  .such  p  -ted. 

to  aid  him  in  the  execution  of  such  order,  or  in  making  such  arrest,  and  should 
the  Sheriff  not  beat  thecomm:  b  Enrolling  Officer,   in  consequence 

either  of  other  pressing  official  business,  or  of  absence,  then  it  shall  be  [awful  for 
such  officer  to  call  on  any  number  of  persons  he  may  deem  try  to  aid  him 

in  executing  such  order  or  making  such  arrest. 

Sec.  2.  That  whenever  any  Sheriff  is  called  upo  '■'  the  aid  contem- 

|  plated  in  the  first  section  of  this  Act,  it  shall  be  his  duty  to  do  so.  ami  if  required 
i  by  such  officer,  shall  call  to  his  aid  the  power  of  the  county  :  and  any  Sheriff 
:  failing  or  refusing  to  render  such  aid,  or  to  call  out  the  power  of  the  county 
I  when  so  required,  shall  for  any  such  failure  or  refusal,  be  fined  not  less  thau 
I  one  hundred  dollars,  nor  more  than  five  hundred  dollars,  to  be  recovered  on 
Lmotion  before  the  District  Court  of  h:s  county,  by  the  District  Attorney  or 
(Enrolling  Officer,  of  which  motion  he  shall  have  three  days  notice. 

:i.  Every  person  failing  or  refusing  to  render  the  assistance  to  the 
or  Enrolling  Officer,  required  by  the  provisions  of  I  hall  be  deemed 

i  guilty  of  an  offence,  and  on  conviction  thereof  before  any  court  of  competent 
jurisdiction,  be  fined  in  a  sum  of  not  I   twenty-live  dollars,  nor  more 

than  two  hundred  and  fifty  dollars. 
Sec.  4.  That  this  Act  take  effe  I  and 
Approved  December  11th,  I 


12 

CHAPTER  XX. 

AN  ACT  to  amend  the  seventy-first  section  of  "An  Act  to  regulate  proceedings  in 

the  County  Courts,  pertaining  to  Estates  of  deceased  persons,"  approved  Mareh 

20th,  1848. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  from 
and  after  the  passage  of  this  act,  the  seventy-first  section  of  '"An  act  to  regulate 
proceedings  in  the  County  Courts,  pertaining  to  estates  of  deceased  persons," 
approved  March  20th,  1848,  be  amended  so  as  hereafter  to  read  as  follows,  to 
wit:  Sec.  71.  That  whenever  any  property  is  rented  or  hired  by  an  executor 
or  administrator,  under  the  provisions  of  this  act,  such  renting  or  hiring  shall 
be  made  at  public  auction  to  the  highest  bidder,  after  having  given  at  least  ten 
days  notice  thereof,  by  posting  a  copy  of  such  notice  at  the  Court-house  and  at 
two  other  public  places  in  the  county  where  the  same  is  to  take  place,  or  by 
private  agreement,  as  the  Chief  Justice,  either  in  vacation  or  term  time,  by 
order  shall  direct,  which  order  shall  be  entered  on  the  minutes  of  the  Court. 

Sec.  2.  That  the  provisions  of  the  above  section  of  this  act  shall  apply  as 
well  to  the  renting  or  hiring  of  property  by  a  guardian  as  by  an  executor  or 
administrator  :  Provided,  That  an  account  in  writing  and  under  oath,  of  such 
renting  or  hiring,  shall,  in  all  cases,  be  returned  to  the  Court  and  subject  to  the 
approval  of  the  Chief  Justice. 

Sec.  3.    That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  14th,  1863. 

CHAPTER  XXI.  t 

AN  ACT  to  punish  persons  xvho  may  remove  or  destroy  any  Timber t 
Hails,  or  Lumber,  belonging  to  the  several  Asylums  of  this  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  from 
and  after  the  passage  of  this  act,  it  shall  not  be  lawful  for  any  person,  or  per- 
sons, to  take  or  remove  any  timber,  rails,  or  lumber,  from  the  grounds  or 
premises  of  the  Lunatic,  Blind,  or  Deaf  and  Dumb  Asylums  of  this  State,  or 
destroy  the  same  ;  and  if  any  person  shall  be  guilty  of  a  violation  of  the  fore- 
going provisions  of  this  act,  he  shall  be  punished  by  a  fine  not  less  than 
twenty-five,  nor  more  than  one  hundred  dollars,  for  each  and  every  such 
violation,  recoverable  before  a  Justice  of  the  Peace  by  summary  proceeding, 
upon  complaint  of  the  Superintendent  of  such  Asylum,  or  any  other  person ; 
and  said  fines  shall,  when  collected,  be  appropriated  to  the  use  of  the  Asylum 
upon  which  the  depredation  was  committed. 

Approved  December  14th.  1SG3. 

CHAPTER  XXII. 

AN  ACT  supplementary  to,  and  amendatory  of,  "An  act  to  adopt  and 
establish  a  Penal  Code.'1'' 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Teocm,  That  the  fol- 
lowing articles,  in  the  chapters  and  titles  named  of  the  act  above  recited, 
commonly  known  as  the  "  Penal  Code,"  be  and  they  are  hereby  so  amended 
that  they  shall  hereafter  read  as  follows,  viz  : 

Pakt  II.— Title  VI.— Chapter  I. 

Article  231.  Treason  against  this  State  shall  consist  only  in  levying  war 
against  it,  or  adhering  to  its  enemies,  giving  them  aid  and  comfort. — [Constitu- 
tion, Art.  7,  Sec.  2. 

Article  231.  A.    Whenever  war  is  pending  between  the  State  of  Texas  and 
any  other  belligerent,  or  between  the  Confederate  States  and  any  other  bel-  ■ 
ligerent,  while  Texas  is  a  member  of  the  Confederacy,  it  is  not  necessary  to 
prove  any  actual  communication  between  the  public  enemy  and  any  person 


13 

charged  with  treason,  to  establish  the  offense  of  treason.  Any  act.  the  ten- 
dency of  which  is  to  give  aid  and  comfort  to  the  public  enemy,  committed  with 
intent  to  aid  his  operations  or  defeat  or  interrupt  those  of  this  State,  or  the 
Confederate  States,  is  an  overt  act  within  the  meaning  of  the  Constitution. 
The  intent  is  to  be  determined  by  the  declarations  or  other  conduct  of  the  party, 
taken  in  connection  with  the  act. 

Chapter  II. 
Auticle  233.    Whoever  shall  know  that   another  person  lias  committed 
treason  against  this  State,  or  against  the  Confederate  States,  while  tins  State  is 
a  member  of  the  Confederacy,  and  shall  not.  within  the  days  from  the  time  Oi 

his  having  come  to  such  knowledge,  give  information  of  the  sun,  to  the  Q  -v 
ernor,  or  to  some  Judge  of  a  Courl  oi  Record  of  this  State  : 

Whoever  shall   intend  to  commit  treason   against   this  Si  ,ie.  or  agail 
Confederate  States,  while  this  State  is  a  member  of  the  Confederacy.;  . 

Whoever  shall  know  that  another  person  i-  intending  to  commit  treason 
against  this  State,  or  against  the  Confeferate  States,  while  this  State  is  a  mem- 
ber of  the  Confederacy,  and  shall  not,  within  live  days  from  the  time  of  his 
n  me  io  such  knowledge,  give  information  of  the  same  to  the  (Governor. 
or  to  some  Judge  ot  a  Conn  oi  Record  of  this  State,  shall  be  deemed  guilty  ot 
misprision  of  treason:  Provided,  the  husband  or  wile  shall  not  be  compelled 
to  give  information  against  each  other,  nor  a  mother  against  her  child. 

Article  233.  A.  The  intention  to  commit  treason,  specified  in  the  foregoing, 
is  evidenced  by  any  declaration  made  by  the  party  of  a,  purpose  to  do  any  act 
which  would  constitute'  treason,  whether  made  orally  or  in  writing,  taken  in 
connection  with  any  conduct  showing  the  purpose  to  be  real. 

Article  -M.  A.  Any  person  who  shall,  while  war  is  pending  between  the 
Stale  of  Texas  and  any  other  belligerent,  or  between  the  Confederate  States 
and  any  other  belligerent,  Texas  then  being  a  member  of  the  Confederacy,  in 
any  way  adi  i.-e  another  person  to  join  the  public  enemy,  or  in  any  way  aid  or 
assist  another  person  to  join  the  public  enemy; 

Any  person  who  shall  publicly  maintain,  pending  any  war  as  aforesaid,  that 
either  himself  or  any  other  person,  a  citizen  or  inhabitant  of  this  State,  does 
not  owe  obedience  or  duty  to  this  State,  or  tit  it  he  does  owe  obedience  or  duly 
to  the  government  of  the  public  enemy; 

Any  person  who  shall  privately,  or  otherwise  titan  publicly,  maintain,  pend- 
ing any  war  as  aforesaid,  that  any  citizen  or  inhabitant  of  this  Slate  does  not 
owe  obedience  or  duly  to  this  State,  or  that  he  does  owe  obedience  or  duty  to 
the  government  of  the  public  enemy,  with  the  purpose  to  induce  such  citizen 
or  inhabitant  to  avoid  the  performance  of  his  duties  as  such  ;  and 

Auy  person  who  shall,  pending  any  war  as  aforesaid,  write,  print,  or  publish, 
or  cause  to  be  written,  printed,  or  published,  or  conns  d.  aid,  advise,  or  assist, 
in  writing,  printing,  or  publishing,  any  letter,  book,  address,  or  other  writing. 
maintaining  the  right  or  duty  of  any  citizen  or  inhabitant  of  tli<  State  to  give 
aid  or  comfort  to  the  public  enemy,  or  that  any  citizen  or  inhabitant  owes 
ibedience  or  duty  to  the  government  of  the  public  enemy,  shall  be  deemed 
kilti  of  encouraging  treason,  and  shall  jame  punishment  as  is  herein 

ded  for  misprision  of  treason. 

Tram  XXL— Chapter  I. 

0.  The  agreement  to  come  within  the  definitii  jpiracy, 
-  to  commit  one  or  more  of  the  following                               in,  murder. 

i.  burglary,  rape,  or  I 

to  commit  treason  or  murd  tr  sh  ill  be  punished  by 

Confinement  in  the  Penitentiary,  n  >t   less  than   t\\  i  6  than  ten 

Consnirav  to  commit  any  of  the  ot  -  named  in  the  preceding  article, 

shall  bo  punished  by  one  half  of  tin1  punishment  affixed  by  law  to  the  com- 
■  That  in  n 

the  punishment  by  co  in  the  Penitentiary  be  lesa  than  I 

Chaptxb  II. 

1.  If  any 


14 

life  of  a  human  being,  or  to  inflict  upon  any  human  being  any  serious  bodily 
injury,  he  shall  be  punished  by  imprisonment  in  the  Penitentiary,  not  less  than 
two  nor  more  than  fire  years,  or  by  fine  not  exceeding  two  thousand  dollars. 
Approved  December  14th,  1S63. 

CHAPTER  XXIII. 

AN  ACT  to  authorize  the  Quarter  master  of  the  State  to  dispose  of 

a  certain  amount  of  the  Percussion  Caps  manufactured  at  the 

State  Works. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Quartermaster  of  the  State  be  authorized  to  dispose  of  one-tenth  of  the  percus- 
sion caps  manufactured  at  the  State  Works,  to  private  parties,  at  such  prices 
and  in  such  manner  as  he  may  deem  proper. 

Sec.  2.  That  in  disposing  of  the  c^)s,  he  shall  endeavor  to  distribute  them 
to  the  citizens  of  the  different  sections  of  the  State,  as  much  as  possible. 

Sec.  3.  The  proceeds  arising  from  the  sale  of  the  caps,  shall  be  applied  to 
the  payment  of  expenses  incurred  in  keeping  up  and  sustaining  the  Cap  Manu- 
factory ;  and  this  act  to  take  effect  from  its  passage. 

Approved  December  14th,  1863. 

CHAPTER   XXIV. 

AN  ACT  supplementary  to  an  act,  entitled  "An  Act  to  Define  the 
Duties  of  Secretary  of  State, "  passed  May  the  9th,  1846. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Stale  of  Texas,  That  the 
Secretary  of  State,  in  addition  to  the  Chief  Clerk,  shall  be  authorized  to  appoint 
an  Assistant  Clerk,  with  a  salary  of  one  thousand  dollars  per  annum,  who  shall 
exercise  the  powers  of  Chief  Clerk  during  his  absence  or  vacancy  in  that  office, 
and  shall  discharge  such  other  duties  as  may  be  required  of  him  by  the  Secre- 
tary of  State. 

Sec.  2.  The  Secretary  of  State  shall  be  the  custodian  of  the  records  of  the 
Senate  and  House  of  Representatives,  after  the  adjournment  of  the  Legislature, 
and  it  thall  be  his  duty  to  arrange  and  file,  and  preserve  in  his  office  all  papers 
of  any  value,  and  furnish  certified  copips  of  them  when  demanded  :  Provided, 
That  papers,  not  the  evidence  of  private  relief  granted,  may  be  delivered  to 
their  owners. 

Sec.  3.  The  Secretary  shall  have  charge  and  supervision  of  the  State  Library, 
shall  keep  it  accessible  for  the  inspection  and  use  of  the  public,  and,  when  the 
Legislature  is  in  session,  one  of  the  Clerks  shall  remain  in  the  Library  during 
all  the  time  either  House  may  be  in  session  ;  but  no  person  shall  be  permitted 
to  take  the  books  from  the  Library,  except  under  such  rules  and  regulations  as 
the  proper  Board  may  make  and  establish. 

Sec.  4.  The  Secretary  shall  procure  for  the  two  Houses,  before  the  com- 
mencement of  each  session,  the  necessary  stationery, fuel  and  lighting  materials, 
and  have  the  Capitol  fitted  up  when  the  Legislature  meets. 

Sec.  5.    This  act  shall  be  in  force  from  and  after  its  passage. 

Approved  December  14,  18C3. 

CHAPTER  XXV. 

AN  ACT  to  amend  the  fifty-eighth  section  of  "An  Act  to  regulate 
proceedings  in  the  County  Courts,  pertaining  to  Estates  of  deceased 
persons,"  approved  March  20th,  1848.  i 

Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of  Texas.  That  the 

fifty-eighth  section,  of  the  above  recited  act,  be  so  amended  as  to  read  as  fol- 


15 

lows,  to  wit:  All  sties  for  the  payment  of  the  debts,  owing  by  the  estate, 
shall  be  ordered  to  be  made  of  such  property  as  may  be  deemed  most  advan- 
tageous to  such  estate  to  be  Fold. 

Sep.  2.    That  this  act  take  effect  from  and  after  its  passage. 

Approved  December  14th, 

CHAPTER   XXY1. 

AN  ACT  1"  amend  "An  Act  to  organize  County  Courts"  aj>y 

Mann  Ui//(,  1848. 

Section*  1.  Be  U  enact,  J  by  the  Legislature  of  the  State  of  Tocos.  That  the 
twenty-first  section  of  "An  act  to  organize  County  Courts,"  approved  March 
16th,  1848,  be  amended  so  as  hereafter  to  read  as  follows:  Sec.  21.  That  a 
regular  term  of  the  County  Court  shall  commence  and  be  held  at  the  Court- 
house of  each  county  in  this  State  on  the  first  Monday  in  January,  April.  Julv, 
and  October,  in  every  year,  for  the  transaction  of  all  business  growing  out  of, 
or  connected  with,  the  powers  and  jurisdiction  of  the  County  Court  over  all 
matters  other  than  those  named  in  the  second  and  twentieth  sections  of  this  act  ; 
such  terms  shall  be  held  by  the  Chief  Justice,  with  the  assistance  of  any  two  or 
more  of  the  County  Commissioners,  and  may  continue  for  one  week  but  not 
longer  ;  and  special  terms  of  said  Court  may  be  held  in  like  manner,  and  for 
like  purposes  as  provided  for  in  this  section,  at  such  other  times  as  the  Chief 
Justice  may  appoint:  Provided,  however,  That  no  County  Tax  shall  be  levied, 
unless  at  some  one  of  the  regular  terms,  and  with  the  assent  of  the  Chief  Justice 
and  three  of  the  County  Commissioners,  or  the  assent  of  the  four  Commissioners. 
Should  a  quorum  of  said  County  Court  not  appear  at  the  time  appointed  for 
holding  the  same,  the  Sheriff  of  the  County,  or  in  his  absence  or  in  case  of 
vacancy  in  that  office,  the  Coroner  shall  adjourn  the  Court  from  day  to  day  for 
three  days,  and  should  a  quorum  not  appear  on  the  morning  of  the  fourth  day, 
then  be  shall  adjourn  the  Court  until  the  next  term  in  course. 

Sec.  2.     That  this  act  take  effect  and  be  in  forc§  from  and  after  its  passage. 

Approved  December  14th,  1863. 

CHAPTER  XXVII. 

AN  ACT  to  suspend  the  Location,  Survey  and  Sale  of  the  Public 
Lands,  except  in  certain  cat 

Section  1.     Be  it  enacted  by  the  Legislaturt  ♦.  That  until 

six  months  after  the  close  of  the  present  war.  all  laws  authorizing  the  location 
survey  or  sale  of  any  of  the  public  lands  or  land  scrip,  except  in  cases  herein 
provided  tor,  are  hereby  suspended. 

Sic.  2.  The  suspension  provided  for  in  the  preceding  section,  shall  not  be 
construed  to  prevent  the  location,  survey  and  sale  of  the  public  lands  to  actual 
settlers,  as  now  provided  by  law,  nor  to  prevent  the  local  y  and  patent 

of  the  University  Lands,  or  the  lands  to  which  the  several  counties  are  entitled 
for  the  use  of  schools,  nor  shall  it  prevent  the  return  of  field  notes  and  perfec- 
tion of  title  to  lands  already  surveyed, 

8.  All  holders  of  land  scrip  issued  to  railroad  companies  shall  have  the 
game  time  to  locate,  survey,  return  the  field  notes  to  and  alienate  the  same 
the  termination  of  the  period  of  suspension  herein  provided  for,  that  they  would 
have  been  entitled  to  from  this  time,  had  this  law  not  have  been  enacted  ,  and 
■ring  the  period  of  suspension,  herein  provided  lor,  no  location  or  survey 
Shall  be  forfeited  by  reason  of  not  returning  the  field  notes  to  the  same  :  Pi 
that  any  on«e  engaged  in  the  manufacture  of  Tar,  Pitch  or  Turpentine,  shall  not 
be  precluded  from  locating  upon  any  such  pine  lands  as  may  be  necessary  for 
such   manufacture:   /'  1  notes  be  returned  to  the  General 

Land  Office  within  nine  "ion  is  made:  nor  elisor  cor- 


16 

porations  entitled  to  land  under  the  law  granting  lands  to  encourage  manufactures 
bs  prevented  from  filing  and  locating  upon  any  vacant  land  needed  for  such 
factories,  upon  making  oath  that  the  lands  so  filed  upon  are  needed.  If  filed 
on  by  a  corporation,  said  oath  shall  be  made  by  its  manager. 

Sec.  4.  During  the  time  named  in  this  Act,  the  Commissioner  of  the  General 
Land  Office  shall  keep  such  clerks  and  draughtsmen  only  as  are  or  may  be 
necessary  to  carry  on  the  business  of  the  office;  and  that  this  Act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  December  14th,  18G3. 

CHAPTER  XXVIII. 

AN  ACT  making  an  appropriation  to  pay  deficits  in  appropriations 
heretofore  made,  and  making  appropriations  for  the  pay  and  sup- 
port of  the  Frontier  Regiment. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum 
of  eight  hundred  thousand  dollars,  in  Confederate  States  Treasury  Notes,  or  so 
much  thereof  as  may  be  necessary,  be  and  the  same  is  hereby  appropriated  to 
pay  deficits  in  appropriations  heretofore  made  for  the  pay  and  support  of 
the  "  Mounted  Regiment  of  Texas  State  Troops,"  .commanded  by  Col.  James  E. 
McCord  ;  and  for  the  pay  and  support  of  said  Regiment  until  otherwise  provided 
for. 

Approved  December  14th,  1863. 

CHAPTER  XXIX. 

AN  ACT  providing  for  the  auditing  and  settling  of  the  claims  of  the 
State  of  Texas  for  Frontier  Defense  against  the  Confederate  States. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Governor  of  the  State  is  hereby  authorized  to  take  such  proceedings  as  he  may 
deem  most  advisable,  to  have  audited  and  settled  the  claims  of  the  State  of 
Texas  against  the  Confederate  States,  for  money  expended  by  the  State  of  Texas 
in  defense  of  the  Frontier  of  Texas,  and  that  the  sum  of  three  thousand  dollars, 
or  so  much  thereof  as  may  be  necessary,  is  hereby  appropriated,  to  enable  the. 
Governor  to  carry  into  effect  the  intention  of  this  Act. 

Approved  December  14th,  1SG3. 

CHAPTER  XXX. 

AN  ACT  to  provide  for  the  assessment  and  collection  of  Income 
Taxes  on  sales  of  distilled  Spirits,  Fermented  Liquors  and  Wines, 
and  for  stich  purpose  to  define  and  regulate  such  sales. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas,  as  follows:— 
Any  person,  firm  or  association,  having  in  this  State  any  distilled  spirit,  fer- 
mented liquor  or  wine,  and  therein  selling  the  same,  by  wholesale,  for  money, 
or  so  bartering  the  same  for  any  other  article,  shall  pay  an  income  tax  as  follows  : 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month, 
for  any  value  not  exceeding  two  dollars  per  gallon,  the  tax  on  such  value  shah 
be  at  the  rate  of  five  cents  per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  preceding  rate  of  value  and  not  for  more  than  three  dollars  per 
gallon,  the  tax  on  such  value  shall  be  at  the  rate  of  fifteen  cents  per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  four  dollars  per  gallon, 
the  tax  on  such  value  shall  be  at  the  rate  of  one  dollar  per  gallon. 


17 


For  the  aggregate  amount  so  sold  or  bartered  within  eaot)  calendar  month,  for 
more  th  \n  the  last  rate  of  value  and  not  for  more  than  five  dollars  per  gallon, 
the  tax  on  such  value  shall  be  at  the  rate  of  one  dollar  and  fifty  cents  per  gallon. 
For  the  aggregate  amount  bo  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  tlnn  six  dollars  per  gallon, 
the  tax  on  such  value  shall  be  at  the  rate  of  two  dollars  and  seventy  cents  per 
gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  bust  rale  of  value  and  K.ot  for  more  than  seven  dollars  per  gallon, 
the  tax  on  such  value  shall   be  at  the  rate  of  three   d  I   ti : t v  live  o<  Ota 

per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  thin  eight  dollars  per  gallon, 
the  tax  on  such  value  stnll  be  at  the  rate  of  four  dollars  and  forty  cents  per  gallon. 
For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month  ,  for 
more  th  m  the  last  rate  of  value  and  not  tor  more  than  nine  dollars  per  gallon, 
•the  tax  on  such  value  shall  be  at  the  rate  of  five  dollars  and  twenty-five  cents 
per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  ten  dollars  per  gallon, 
the  tax  on  such  value  shall  beat  the  rate  of  six  dollars  and  ten  cents  per  gallon! 
For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  tbe  last  rate  of  value  and  not  for  more  than  eleven  dollars  per  gal- 
lon, the  tax  on  such  value  shall  be  at  the  rate  of  s'x  dollars  and  ninety-live  cents 
per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  for  not  mqre  than  twelve  dollars  per  gal- 
lon, the  tax  on  such  value  shall  be  at  the  rate  of  seven  dollars  and  eighty  ceuU 
per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  thirteen  dollars  per  gal- 
lon, the  tax  on  such  value  shall  be  at  the  rate  of  eight  dollars  and  sixty-five 
cents  per  gallon. 

For  the  aggregate  amountsosold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  fourteen  dollars  per 
gallan,  the  tix  on  such  value  6hall  be  at  the  rate  of  nine  dollars  and  fifty  cents 
per  gallon. 

For  the  aggregate  amountsosold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  fifteen  dollars  per  gallon, 
the  tax  on  such  value  Bhall  be  at  the  rate  of  ten  dollars  and  thirty-five  cent* 
per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  sixteen  dollars  per  gal- 
lon, the  tax  on  such  value  shall  be  at  the  rate  of  eleven  dollars  and  twenty 
cents  per  gallon. 

For  the  aggregate  amountsosold  or  bartered  within  each  calondar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  seventeen  dollars  per 
gallon,  the  tax  on  such  value  shall  be  at  the  rate  of  twelve  dollars  and  five 
cents  per  gallon.  . 

For  the  aggregate  amount'so  sold  or  bartered  within  each  calendar  month,  for 
more  th:in  the  last  rate  of  value  and  not  for  more  than  eighteen  dollars  per  gal- 
lon, the  tax  on  such  value  shall  be  at  tbe  rate  of  twelve  dollars  and  ninety 
cents  per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  tlnn  the  last  rate  of  value  ;md  not  for  mote  than  nineteen  dollars  per 
gallon,  the  tax  on  such  value  shall  be  at  the  rata  of  thirteen  dollars  and  seventy 
five  cenbs  per  gallon. 

For  the  aggregate  amountsosold  or  barterel  within  cich  calendar  month,  for 
Inorc  than  the  last  rate;  of  Taloe  and  not  'or  more  than  twenty  dollars  per  gal- 
■ 


18 

Ion,  the  tax  on  such  Talue  shall  be  at  the  rate  of  fourteen  dollars  and  sixty 
cents  per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  twenty-one  dollars  per  ' 
gallon,  the  tax  on  such  value  shall   be  at  the  rate  ©f  fifteen  dollars  and  forty- 
five  cents  per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  twenty-two  dollars  per 
gallon,  the  tax  on  such  value  shall  be  at  the  rate  of  sixteen  dollars  and  thirty 
cents  per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  twenty-three  dollars  per 
gallon,  the  tax  on  such  value  shall  be  at  the  rate  of  seventeen  dollars  and  fifteen 
cents  per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  for 
more  than  the  last  rate  of  value  and  not  for  more  than  twenty-four  dollars  per 
gallon,  the  tax  on  such  value  shall  be  at  the  rate  of  eighteen  dollars  per  gallon. 
For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  foB 
more  than  the  last  rate  of  value  and  not  for  more  than  twenty-five  dollars  per 
gallon,  the  tax  on  such  value  shall  be  at  the  rate  of  eighteen  dollars  and  eighty- 
five  cents  per  gallon. 

For  the  aggregate  amount  so  sold  or  bartered  within  each  calendar  month,  at 
any  ra*te  higher  than  the  value  of  twenty-five  dollars  per  gallon,  the  tax  shall' 
be  at  the  rate  of  seventy-six  per  centum  on  the  amount  of  such  sale. 

But,  sales  of  wine,  made  within  this  State,  are  exceptions  and  shall  not  be 
subject  to  such  taxes. 

Such  selling  or  bartering,  in  the  sense  of  this  law,  is,  by  wholesale,  when  done 
without  special  license  for  retailing. 

Sec.  2.  Any  person,  firm  or  association,  having  in  this  State  any  distilled 
spirit,  fermented  liquor,  or  wine,  and  therein  selling  the  same,  by  retail,  for 
money,  or  so  bartering  the  same  for  any  other  article,  shall  pay  an  income  tax 
as  follows : 

On  the  value  of  the  aggregate  amount  so  sold  or  bartered  within  each  calen* 
dar  month,  at  any  rate  not  exceeding  the  rate  of  five  dollars  per  gallon,  the  tax 
shall  be  at  the  rate  of  five  per  centum. 

On  the  value  of  the  aggregate  amount  so  sold  or  bartered  within  each  calendar 
month,  at  any  rate  higher  than  the  preceding  and  not  higher  than  the  rate  of  ten 
dollars  per  gallon,  the  tax  shall  be  at  the  rate  of  ten  per  centum. 

On  the  value  of  the  aggregate  amount  so  sold  or  bartered  within  each  calen- 
dar month,  at  any  rate  higher  than  the  rate  of  ten  dollars  per  gallon,  the  tax 
shall  be  at  the  rate  of  fifty  per  centum. 

But,  sales  of  wines  made  Avithin  this  State  are  exceptions  and  shall  not  be 
subject  to  such  taxes. 

Such  selling  or  bartering,  in  the  sense  of  this  law,  is  by  re'ail  when  done  with 
special  license  for  retailing. 

Sec.  3.  When  any  person,  firm,  or  association,  having  any  article,  subject  to 
such  taxes,  as  owner  at  the  present  time  by  any  means,  or  as  first  owner  at  any 
subsequent  time,  either  from  importation  into  the  State  or  from  production 
within  it,  shall  furnish  such  article  for  retailing,  such  disposal  thereof  shall  be 
a  sale,  by  wholesale,  under  this  law.  This  shall  be  the  construction :  If  the 
person,  firm,  or  association  be  partly  or  entirely  enterested  in  the  retailing,  as 
if  it  were  done  by  any  disconnected  person  ;  and  a  trust  or  donation  for  the 
purpose  of  retailing  shall  receive  the  same  kind  of  construing.  Neither  kind 
of  tax  shall  be  evaded  by  any  blending  of  wholesale  and  retail  interests,  nor 
by  any  arrangement  of  trust  or  gift ;  and  evey  person  making  such  respective 
-disposal  of  any  such  article,  shall  distinctly  and  separately  account  therefor, 
as  in  case  of  an  ordinary  sale  ;  and  tax  shall  be  paid,  in  every  case,  on  fair 
jnarket  value. 

Sec.  4.  The  Treasury  Notes  of  the  Confederate  States  of  America  being  in 


19 

general  use  as  the  circulating  medium  of  exchanges,  and  as  the  common  eurrent 
standard  of  values,  and  the  taxes  imposed  by  this  Act  being  receivable  in  such 
currency,  it  shall  be  the  standard  of  value-  of  the  article*  Bold  or  bartered,  as 
aforesaid,  including  the  articles  received  in  exchange,  wituout  regard  for  any 

different  estimate,  that  may  lie  mule  for  the  purpose  ol  •">  idirjg  he  provisions 
of  this  law  or  lor  any  other  reason. 

Sec.  5.  The  sale  of  any  distilled  spirit,  fermented  iquor,  or  wi  e  of  bad 
quality  is  absolutely  prohibited;  and  any  such  article  shall  be  bo  regarded  when 
adulterated  or  tinctured  with  any  poisonous  or  unbealthfttl  BUbstance.  or  when 
ItB  strength  shall  be  under  second  proof  as  know  n  in  market,  or  as  may  be  otherwise 
ascertained.  In  each  county  the  County  Court  shall  establish  proper  tests  for 
ascertaining  the  quality  of  such  articles,  and  shall  have  authority  to  apply  the 
tests  in  any  reasonable  manner.  Also,  the  Assessor  and  Collector  shall  have 
autboifty,  in  any  proper  manner,  to  ascertain  the  qualities  of  Bach  articles, 
either  by  applying  the  tests,  that  may  be  established  by  the  Court,  if  any,  or  bv 
the  use  of  other  appropriate  means.  But  sales  of  wines  made  within  this  State 
and  not  adulterated  nor  tinctured  with  any  poisonous  or  unhealthful  substance, 
although  in  strength  below  second  proof,  shall  not  be  within  the  foregoing- 
prohibition. 

Sec.  G.  The  taxes  imposed  by  this  law  shall  apply  to  Bales  to  be  made  out  of  this 
State,  of  such  articles  taken  from  it  for  market,  as  well  as  to  sales  made  within 
this  State  ;  and  the  person,  firm,  or  association,  who  shall  make  any  preparation 
or  movement  of  such  an  article  in  commencing  so  to  take  it  from  this  State  for 
market,  or  who  shall  make  any  committal  of  such  an  article  to  any  person,  that  he 
may  take  it  from  the  State  for  market,  shall  pay  this  tax,  which  shall  be  assessed 
and  collected  promptly,  on  the  value  of  the  subject  of  such  preparation,  move- 
ment, or  committal,  on  an  estimate  of  such  value,  to  be  made  by  the 
and  Collector  according  to  the  current  market  value  of  the  article  in  his  county. 
as  if  sale  had  been  therein  completed  at  such  value. 

Sec.  7.  Within  the  first  ten  days  of  every  month,  each  person,  firm,  or  a 
ciation,  liable  for  such  taxes,  shall  render  to  the  Assessor  and  Collector  of  the 
county,  where  sales  shall  have  been  made,  or  from  which  articles  shall  have 
been  taken  for  market,  or  in  which  preparation,  movement,  or  committal  shall 
have  been  made,  as  aforesaid,  a  true  account  of  the  articles  so  sold,  or  taken  from 
this  State  for  market,  or  prepared,  moved,  or  committed  therefor,  during  the 
next  preceding  month.  Such  account,  as  to  wholesale  transactions,  shall  show, 
respectively,  dates  of  sale,  to  whom  sold,  kinds  and  quantities  sold,  and  prices 
per  gallon,  or  like  particulars,  as  far  as  practicable,  in  relation  to  articles  taken 
from  this  State  for  market,  or  prepared,  moved  or  committed  therefor.  Such 
account,  as  to  retail  transactions,  shall  show  like  particulars,  except  to  whom 
sold.  And,  at  any  other  time,  on  demand  of  the  Assessor  and  Collector,  any 
person,  firm,  or  association,  so  liable  to  render  an  account,  shall  do  so  within 
two  days  from  such  demand.  Also,  any  person,  firm,  or  association,  so  liable, 
shall  show  to  the  Assessor  and  Collector,  on  his  demand,  to  be  made  in  a 
reasonable  manner,  an  account  book  or  other  memorandum,  respectively,  oi 
each  foregoing  particular.  Every  account,  account-book,  or  memorandum,  to  be 
rendered  or  shown,  as  aforesaid,  in  order  to  meet  the  requisition  therefor,  must 
be  verified  by  some  person  liable  therefor  ;  and  such  verification  mu3t  show. 
that  the  account,  account-book,  or  memorandum,  respectively,  contain  a  full, 
just,  and  true  exhibition  of  the  facts,  required  to  be  shown  by  such  means. 
Such  verification  must  be  made  by  written  affidavit,  stating  particulars  accord- 
ing to  the  nature  of  the  case,  subscribed  by  the  person  making  it,  sworn  !■ 
before  some  officer  authorized  to  administer  oaths,  including  the  Assessor  and 
Collector,  and  delivered  to  him.  Every  such  affidavit  shall  be  filed  in  the  office 
of  the  Clerk  of  the  County  Court. 

Sec.  8.  If  any  such  affidavit  shall  be  wilfully  false,  the  person  making  it  shall 
be  guilty  oi  perjury,  and  shall  be  subject  to  punishment  as  in  other  cases  of 
perjury.  Moreover,  if  any  person  shall  violate  any  of  the  other  provisions  ot 
tbie  law  he  shall  be  guilty  of  a  misdemeanor,  indictable  in  the  District  Court  • 


20 

and,  on  conviction,  he  shall  be  punished  by  fine  aot  exceeding  five  thousand 
dollars,  or  by  imprisonment,  not  exceeding  six  months,  or  in  both  modes,  in 
the  discretion  of  the  jury  trying  the  case  ;  and  each  person  included  in  a  firm 
or  association,  so  violating  these  other  provisions,  shall  be  liable  to  these 
penalties. 

Sec.  9.  Any  person,  firm,  or  association,  at  the  end  of  each  month,  shall  be 
liable  for  payment  of  the  taxes,  which  shall  have  accrued  against  him  or  them 
in  that  month,  and  shall  pay  the  same  to  the  Assessor  and  Collector  within  the 
first  ten  days  alter  the  end  of  the  month  ;  and,  in  case  the  Assessor  aud  Collector 
at  any  time  shall  demand  an  account,  as  before  provided,  be  shall  then  demand 
payment  of  the  taxes,  that  shall  have  previously  accrued,  without  reference  to 
monthly  lime,  and  they  shall  be  paid  within  the  two  days  allowed  for  rendering 
the  account  so  demanded.  Any  person,  who  shall  have  become  liable  for  any 
of  such  taxes,  shall  so  continue  until  payment,  notwithstanding  any  punishment 
that  may  be  inflicted  under  this  law.  The  Assessor  and  Collector  of  the  county 
wherein  the  taxes  shall  have  accrued,  shall  collect  the  same,  and  may  sue 
therefor  in  the  name  of  the  State,  if  necessary  ;  and,  in  any  such  case  of  suit 
the  defendant  or  defendants,  shall  be  liable  to  judgment  and  execution  for  the 
taxes  and  for  the  amount  of  fifty  per  centum  thereon.  Whenever  such  suit 
shall  be  necessary,  it  shall  be  prosecuted  to  judgment  and  execution  without 
delay,  notwithstanding  any  law  for  suspending  the  collection  of  ordinary  debts. 

Sec.  10.  The  subjects  of  taxation  UDder  this  law  shall  not  be  liable  to  taxa- 
tion by  any  county,  city  or  town. 

Sec.  11.  All  laws  contrary  to  the  provisions  of  this  act  are  suspended  during 
its  continuance  in  force  ;  and  this  act  shall  be  in  force  from  its  passage  until  the 
close  of  the  present  war  and  the  ratification  of  a  treaty  of  peace  between  the 
Confederate  States  of  America  and  the  United  States  of  America. 

Approved  December  15th,  1863. 

CHAPTER  XXXI. 

^4^  ACT  to  amend  "An  Act  to  define  and  punish  Sedition  and  to 

prevent  the  dangers  which  may  arise  from  persons  disaffected  to 

the  State." 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
caption  of  the  above  recited  act  shall  hereafter  read  as  follows  :  "  An  Act  to 
punish  persons  who  are  disaffected  to  the  State  ;"  that  the  act  itself  shall  be  so 
amended  as  hereafter  to  read  as  follows :  That  if  any  person  shall  wilfully 
advise  or  persuade  any  person,  liable  to  perform  military  duty,  to  refuse  or 
evade  the  performance  of  legal  military  service  of  this  State,  or  of  the  Con- 
federate States,  or  shall  attempt  in  any  manner  to  influence  the  decision,  or 
bias  the  opinion,  of  any  person  in  favor  of  the  enemies  of  the  Confederate 
States  or  of  this  State,  he  shall  be  punished  by  imprisonment  in  the  Peni- 
tentiary, not  less  than  three  nor  more  than  five  years. 

Sec.  2.    This  act  shall  take  effect  and  be  in  force  from  its  passage. 

Approved  December  15th,  1863. 

CHAPTER   XXXI L 

AN  ACT  to  define  and  punish  the  crime  of  Disloyalty  to  the  State 
of  Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Taos,  That  if  auy 
person  within  this  State  shall,  by  any  means,  wilfully  attempt  to  dissuade  or 
discourage  the  people  from  performing  their  duty  in  the  military  or  naval 
service  of  the  Confederate  States  or  of  this  State,  or  shall  aid,  advise  or  induce 
any  soldier,  seamm  or  marine,  in  said  service,  to  desert  therefrom,  or  shall 


21 

harbor  any  such  deserter,  or  shall  by  means  of  any  verba',  written,  or  printed 
statement,  attempt  to  create  disaffection  among  the  people  towards  this  State 
or  the  Confederate  States,  or  influence  them  to  aid,  assist  or  adhere  to  the 
public  enemy,  in  any  manner  whatever,  shall  lie  punished  by  confinement  in 
the  Penitentiary,  for  not  less  thau  two  nor  more  than  five  years. 

Sec.  2.  That  if  any  person  within  this  State  shall  wilfully  communicate  to 
the  public  enemy  any  information  in  regard  to  the  disposition,  strength  or 
movements  of  the  army,  or  the  designs  of  the  military  authorities)  or  shall  aid 
or  abet  any  one  so  doing,  he  shall  be  deemed  guilty  of  disloyalty,  and.  on  con- 
viction thereof,  shall  be  punished  by  confinement  in  the  Penitentiary,  for  not 
less  than  three  nor  more  than  five  years. 

Sec.  3.    That  this  act  be  in  force  from  and  after  its  passage. 

Approved  December  15th,  18G3. 

CHAPTER   XXXIII. 

AN  ACT  appropr'axluuj  two  hundred  thousand  dollars  as  a  Hospital  Fund  for  the 
Soldiers  of  Texas  in  the  armies  of  the  Confederate  Stales  of  America,  and  to 
repeal  other  laws,  as  named  in  this  Act  on  the  same  subject. 

Section  1.  Be  it  enacted  fry  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  two  hundred  thousand  dollars  is  appropriated  as  a  Hospital  Fund,  to 
be  administered  as  the  Governor  may  deem  necessary,  according  to  the  pro- 
visions of  an  act  approved  January  Stb,  18(12.  entitled  "An  act  to  create  a 
Hospital  Fund,  to  be  expended  for  the  comfort  of  the  sick  and  wounded  soldiers 
of  the  State  of  Texas  in  the  Confederate  army.'' 

Sec.  2.  So  much  of  said  act,  approved  January  Sth,  lSf.2,  as  made  an  appro- 
priation, is  repealed,  and  likewise  ''An  act  appropriating  two  hundred  thousand 
dollars,  to  be  expended  for  the  relief  of  the  sick  and  wounded  soldiers  of  the 
State  of  Texas  in  the  army  of  the  Confederate  States."  approved  March  5th, 
1863,  is  repealed. 

Sec,  3.    This  act  shall  be  in  force  from  its  passage. 

Approved   December  15th,  1S(J3. 

CHAPTER   XXXIV. 

AN  ACT  to  provide  for  the  Support  of  the  Families  and  Depend- 
ents of  Texas  Soldi*  rs. 

SECTION  1.  Be  It  enacted  by  the  Legislature  of  the  Stale  of  Texas,  That  for  the 
years  1864  and  1866,  or  daring  the  continuance  of  the  present  *ar.  should  the 
same  eud  before  the  first  d  y  of  January,  1865,  the  sum  of  one  million  of  dollars 
per  annum.  1  same  is  hereby  appropriated  for  the  support  and  main- 

tenance of  the  families,  widows  and  dependents  of  such  officers  and  bo  Idlers  of 
Texas  as  have  been,  may  now,  or  hereafter  may  be,  in  the  military  service 
of  the  Confederal  In  the  active  militia  or  volnnfee  i  of  the 

1  which  families,  widows  or  d-pendents  may  need  the  assist- 
ance and  Bupport  oi  the  State. 

Sec  2.  The  money  hereby,  appropriated  shall  be  distributed  by  the  Comp- 
troller of  the  State,  under  such  regulations  as  he  shall  adopt,  consistent  with 
this  act,  to  the  Beveral  counties  Oi  this  State,  according  to  the  number  of  the 
indigent  in  each,  as  ascertained  in  the  manner  1  er<  in  requin 

3.    It  shall  be  the  duty  of  the  Comptroller  of  the  State,  immediately  after 
of  this  act,  to  forward  to  the  Chief  Justice  of  each  count  ■ 
lis  act,  with  1  forms  as  may  1 

to  carry  its  provisi  fleet;  and  said  Chi.'  shall,  immediately 

upon  the  i<  he  ascertained,  in  such 

manner  as  they  mi  •'■"'ir  resPect" 

Ive  counties  entitle  >  accurate  return 


22 

of  the  same  to  the  Comptroller's  office,  on  or  before  the  first  day  of  March,  1864, 
and  a  like  return  shall  be  made  by  them  on  or  before  the  first  day  of  March,  1865. 

Sec.  4.  Upon  the  first  day  of  March,  1864,  the  Comptroller  shall  distribute  to 
the  several  counties  in  this  State  one-half  of  the  first  annual  appropriation 
herein  made,  according  to  the  returns  herein  required,  and  on  the  first  of 
September  following  shall,  in  like  manner,  distribute  the  remaining  half  of  said 
appropriation ;  and  the  distribution  shall  be  made  on  the  first  of  March  and 
September,  in  the  same  manner,  for  the  year  1865,  on  the  basis  of  the  returns 
required  by  this  act :  Provided,  That  in  cases  where  the  returns  have  not  been 
received  by  the  Comptroller,  the  distribution  shall  be  made  upon  such  equitable 
basis  as  the  Comptroller  may  determine  ;  and  the  Comptroller  is  hereby  author- 
ized to  draw  his  draft  on  the  Assessors  and  Collectors  of  the  respective  counties 
entitled  to  such  relief,  in  favor  of  the  Chief  Justices  of  said  counties  for  the 
amount  due  said  county  ;  and  the  money  so  received  shall  be  expended  by  the 
County  Court  as  directed  by  this  act. 

Sec.  5.  The  County  Courts  of  the  respective  counties  shall  administer  the 
funds,  hereby  appropriated,  in  the  manner  deemed  by  them  best  suited  to 
accomplish  ihe  objects  ot  this  act:  Provided,  no  portion  of  said  funds  shall  be 
used  for  any  purpose  except  in  the  purchase  of  necessary  supplies  or  in 
liquidation  of  proper  demands  for  such  supplies,  or  other  appropriate  relief, 
furnished  or  contracted  to  be  furnished  at  a  stipulated  and  reasonable  price  ; 
and,  provided  further,  that  no  per  centage  shall  be  allowed  to  any  officer  or 
agent  employed  in  the  administration  of  said  fund. 

Sec.  6.  Any  Chief  Justice  who  shall  negligently  or  corruptly  make  a  false 
return  of  the  number  of  indigent  persons  in  his  county,  as  contemplated  by  the 
third  section  of  this  act,  shall  be  deemed  guilty  ot  a  misdemeanor,  and,  on 
conviction  before  any  Court  having  jurisdiction,  shall  be  fined  in  any  sum  not 
less  than  live  hundred  dollars,  and  shall  be  dismissed  from  office. 

Sec.   7.     That  this  act  take  effect  and  be  in  force  from  and  afier  its  passage. 

Approved  December  luih,  1863. 

CHAPTER   XXXV. 

AN  ACT  to  encourage  the  Erection  of  certain  Machinery  by  dona- 
nations  of  Land  and  otherwise. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas,  That  any 
person,  company,  or  corporation,  desiring  to  avail  themselves  of  the  benefits  of 
this  act.  shall  erect  and  put  into  successful  operation  by  the  first  day  of  March, 
A.  D.  1865,  new  and  efficient  machinery  for  the  manufacture  of  iron  from  ore, 
or  for  the  manufacture  of  cotton  or  wool  into  thread  or  cloth,  or  for  the  manu- 
facture of  fire  arms,  nitre,  sulpher,  powder,  salt,  cotton  or  woolen  cards  and 
spinning  jennies,  or  paper  and  oil. 

Sec.  2.  That  upon  being  notified  of  the  erection  and  completion  of  any 
machinery  of  the  kind  described  in  the  foregoing  section,  and  upon  being  satis- 
fied that  said  machinery  was  erected  and  put  into  operation  within  the  time 
prescribed  in  the  first  section  of  this  act,  it  shall  be  the  duty  of  the  Governor 
and  owner  or  owners  of  said  machinery,  to  appoint,  each,  one  disinterested 
person  to  act  as  commissioners,  who  shall  appoint  a  third  commissioner  to  act' 
with  them  iu  the  valuation  of  said  machinery  ;  said  commissioners  shall,  before 
making  said  valuation,  take  and  subscribe  the  following  oath:  "I,  A.  B.,  do 

solemnly  swear  that  I  am  not  interested  in  the  machinery  erected  by 

and  situated  in  ,  nor  am  I  related  to  any  person  who  is  so  interested, 

either  by  affinity  or  consanguinity,  and  that  I  will  make  a  correct  and  impartial 
valuation  of  the  same,  to  the  best  of  my  ability;  so  help  me  God  ;"  which, 
together  with  their  valuation,  shall  be  returned  to  the  General  Land  Office. 

Sec.  3.  That  it  shall  be  the  duty  of  the  said  commissioners,  after  making  a 
minute  personal  examination  of  said  machinery  and  after  procuring  such  other 
evidence  of  its  value  as  may  be  accessible  to  them,  to  value  the  same  at  its 


23 

trae  value  in  specie.  Iu  said  valuation,  the  necessary  buildings  and  structures 
■erected  for  the  efficient  operation  of  said  machinery,  shall  be  included,  but  the 
land  upon  which  they  are  situated  shall  not  be  valued. 

Sec.  4.  Any  person,  company,  or  corporation,  hereafter  erecting  and  putting 
into  efficient  operation  by  the  first  day  of  March,  A.  D.  1865,  any  machinery  of 
the  character  described  in  the  preceding  sections  of  this  act,  shall  be  entitled 
to  receive  from  the  State  a  grant  at  the  rates  o(  one  section  of  three  hundred 
and  twenty  acres  of  land  for  every  one  thousand  dollars  worth  of  machinery  so 
erected  and  put  into  efficient  operation. 

Sec.  5.  That  any  person,  company,  or  corporation,  erecting  and  putting  into 
.efficient  operation  machinery  of  the  character  described  in  the  first  section  of 
thi6  act,  and  filing  with  the  Commissioner  of  the  General  Land  Office  the  affi- 
davit and  valuation  provided  for  in  the  second  section  of  this  act,  may  file  an 
application  with  any  District  Surveyor  of  any  Land  District  in  the  State,  a  copy 
of  which  application  shall  in  all  cases  be  forwarded  to  the  Commissioner  of  the 
General  Land  Office  by  the  District  Surveyor,  to  survey  a  quantity  of  land  equal 
to  double  the  amount  which  they  may  be  entitled  to  receive  under  this  act, 
lying  and  being  in  such  district  and  subject  to  location  and  entry  ;  and  said 
application  shall  specifically  describe  the  lands  applied  for  and  intended  to  be 
surveyed,  and  if  said  person,  company,  or  corporation,  shall  file  with  the  District 
Surveyor  a  certificate  of  the  Commissioner  of  the  Genera]  Lund  Office  that  the 
affidavit  and  valuation,  provided  for  in  the  fourth  section  of  this  act,  have  been 
tiled  in  his  office  ;  said  application  shall  exempt  the  land  so  designated  from 
any  future  location,  entry,  or  pre-emption  privilege. 

Sec.  6.  It  shall  be  the  duty  of  said  person,  company,  or  corporation,  to  cause 
to  be  surveyed  the  land  so  designated  in  sections  of  three  hundred  and  twenty 
acres  each,  unless  prevented  by  previous  surveys  or  a  navigable  stream,  which 
surveys  sl.ili  be  delineated  upon  a  map  or  maps,  the  even  and  odd  sections 
being  differently  colored  and  regularly  numbered,  from  one  upwards  to  the  full 
number  surveyed  for  any  person,  company,  or  corporation  ;  and  the  field  notes 
of  said  survey?,  and  map  or  maps,  shall  lie  by  said  company  deposited  with  the 
Commissioner  of  the  General  Land  Oi 

7.     Fractional  sections  containing  more  than  three  hundred  and  twenty 

-  of  land,  shall  be  regarded  as  whole  sections,  and  two  fractional  sections, 

each  containing  less  than  three  hundred  and  twenty  acres,  shall  be  taken  as  a 

whole  section,  and  all  the  alternate  or  even  sections  shall  be  reserved  to  the 

of  the  Slate  until  appropriated  by  law  ;   and  surveys,  under  the  provisions 

of  this  act.  shall  be  made  by  the  Deputies  and  District  Surveyors  of  the  district 

which  the  land  is  situated,  and  the  field  notes  shall  be  recorded  iu  such 

district  and  returned  to  the  General  Land  Office  as  other  surveys  ;  that  the 

visions  of  this  bill  shall  apply  to  all  works,  for  the  purpose  indicated  in  thU 

nill,  commenced  Bince  the  second  day  of  March,  1861. 

3.     That  this  act  be  iu  force  and  effect  from  and  after 

Approved  December  1.5th,  1863. 

CHAPTER   XXXVI. 

AN  ACT  (o  Provide  for  the  P  \ndtum- 

ing  over  the  Frontier  Regiment  to  Confedera 

Section  1.     Be  i  by  the  Legislature  of         i        of  Tc.m*,  That  a' I 

persons  liable  to  do  military  duty,  who  arc  at  the  p  issage  of  this  act  bona  fid*. 
citizens  of  the  following  line  of  counties,  and  all  counties  lying  north  and  west 
oi  said  line,  ;  >-wit  :  Cook.  Wise.  Parker,  that  part  of  Johnson  west  of  the 
Belknap  and  Fort  Graham  i  16,  Coryell.  Lamp  n.-tt.  Blanco, 

Bandera,  Medina,  Kendall,  Atascosa,  Live  <»ik.  lioBCulen,  La  Salle,  Dimmit, 
.ii.  1  M  i\  •■:■:  ■'-..  -  .all  be  enrolled  and  organized  into  companies,  not  less  than 
twenty-five  nor  more  than  sixty-five  men,  rank  and  file. 

2.    That  it  shall  be  the  duty  of  the  Governor,  immediately  after  th». 


24 

passage  of  this  act,  to  cause  the  counties  designated  in  the  preceding  section  to 
be  divided  into  three  districts,  as  nearly  equal  in  territory  and  population  as 
may  he  ;  in  each  of  which  districts  he  shall  appoint  a  suitable  person,  with  the 
rank  and  pay  of  Major  of  Cavalry,  who  shall  be  the  ranking  officer  of  the  district 
to  which  he  is  appointed,  and  which  officer  shall  be  charged  with  the  organiza- 
tion of  the  men  subject  to  duty  in  his  district,  and  with  the  control  of  the 
companies  when  organized  and  the  defense  of  the  same,  as  provided  herein,- 
and  under  such  other  regulations  as  the  Governor  may  prescribe. 

Sec.  3.  That  the  commissioned  officers  of  each  company,  of  fifty  men  or  more, 
shall  consist  of  one  Captain  and  two  Lieutenants ;  if  less  than  fifty  men,  two 
Lieutenants.  The  noncommissioned  officers  shall  consist  of  one  Sergeant  and 
one  Corporal  for  every  ten  men. 

Sec.  4.  That  each  member  of  a  company  shall  be  required  to  keep  himself 
furnished  with  a  suitable  horse,  gun,  and  ten  days  provisions,  and  all  necessary 
equipments,  [including  ammunition.] 

Sec.  5.  That  no  person  who  is  not  an  actual  resident,  in  good  faith,  of  the 
frontier  district  herein  f  pecified  at  the  passage  of  this  act,  shall  be  a  member  of 
the  organization  provided  for  by  this  act ;  and  it  shall  be  the  duty  of  captains 
of  companies,  and  of  the  commanding  officers  of  the  several  districts,  to  exclude 
non-residents  of  the  frontier  district  from  membership  in  said  organization,  and, 
in  case  of  doubt,  strict  and  full  proof  under  oath  shall  be  required,  to  the 
satisfaction  of  the  officer. 

Sec.  6.  That  the  companies  organized  under  the  provisions  of  this  act,  shall 
be  required  to  keep  at  least  one-fourth  of  their  number  in  the  field  in  actual 
service,  making  equal  divisions  of  time  ;  and  the  officers  commanding  districts 
shall  have  the  power  and  authority  to  order  out  the  whole  force,  under  such 
restrictions,  regulations  and  requirements  as  the  Governor  may  devise  for  the 
control  and  management  of  the  organization  herein  provided  for. 

Sec.  7.  That  every  officer  and  private  of  each  of  said  companies  shall,  before 
entering  upon  duty,  be  required  to  take  an  oath  before  some  one  authorized 
by  law  to  administer  oaths,  that  he  will  use  his  best  endeavors  to  arrest,  and 
deliver  to  the  nearest  Confederate  States  authorities,  every  person  reported  or 
known  to  him  to  be  a  deserter,  either  from  the  State  or  Confederate  States 
army,  and  also  all  persons  from  the  interior  counties  who  are  avoiding  con- 
scription or  draft  service. 

Sec.  8.  That  the  pay  of  officers  and  privates,  while  engaged  in  actual  service 
as  provided  in  the  sixth  section  of  this  act,  shall  be  as  follows,  to-wit :  Captains, 
three  dollars  per  day ;  lieutenants,  two  dollars  and  seventy-five  cents  per  day  : 
sergeants,  two  dollars  and  fifty  cents  per  day;  corporals,  two  dollars  and 
twenty-five  cents  per  day,  and  privates,  two  dollars  per  day ;  and  no  other  pay 
or  allowance  shall  be  made  to  officers  or  privates  than  the  per  diem  as  above 
provided. 

Sec.  9.  That  any  officer  or  private  wilfully  failing  or  refusing  to  perform 
his  duty,  or  guilty  of  any  other  offense,  shall  be  reported  by  one  of  the  com- 
missioned officers  of  his  company  to  the  district  officer,  whose  duty  it  shall  be 
to  order  the  sitting  of  a  Court  Martial,  to  consist  of  not  less  than  three  nor 
more  than  five  commissioned  officers,  who  shall  proceed  to  hear  the  evidence, 
and  shall  acquit  or  convict,  as  the  merits  of  the  case  may  demand  ;  and,  in  case 
of  conviction,  the  Court  may  assess  such  punishment  as  is  prescribed  by  the 
rules,  regulations,  and  articles  of  war,  for  the  army  of  the  Confederate  States: 
Provided,  if  any  person  convicted  of  a  minor  offense  be  of  conscript  age,  he 
may,  at  the  discretion  of  the  Court,  be  delivered  to  the  nearest  officer  of  the 
Confederate  States  for  service  in  the  army  of  the  Confederate  States. 

Sec.  10.  That  it  shall  be  the  duty  of  the  Governor  to  appoint  such  person 
or  persons,  as  he  may  choose,  to  draw  from  the  proper  authorities  of  the  State 
the  fund  appropriated  for  the  pay  of  the  men  organized  under  this  act.  Such 
person  or  persons,  so  appointed,  to  give  bond  or  security  for  the  faithful  per- 
formance of  the  duties  required  of  them.  The  payments  to  be  made  to  the  men 
as  often  as  once  in  every  four  months. 


25 

Sec.  11.  That  it  shall  be  the  duty  of  the  Adjutant  General  (o  furnish  the 
companies  organized  under  this  act.  with  the  necessary  amount  of  ammunition. 
upon  proper  requisitions  made  by  the  Commanders  of  the  several  districts. 

Sec.  12.  That  the  Governor  shall,  upon  the  completion  of  the  foregoing 
organization,  turn  over  the  Frontier  Regiment,  with  all  its  equipments,  to  the 
Confederate  States  service  :  Provided,  the  Confederate  Commander  will  account 
to  the  State  for  all  property  so  turned  over  at  its  proper  value  ;  otherwise  the 
the  Governor  shall  make  such  disposition  of  said  property  as  shall  best  subserve 
the  interest  of  the  State  ;  nny  law  conflicting  with  this  provision  be  and  the 
same  is  hereby  repealed. 

Sec.  13.  That  the  Governor  shall  cause  to  be  made  such  other  regulations. 
for  the  government  and  control  of  the  organizations  herein  provided  for,  as  he 
may  deem  necessary,  to  the  end  that  the  force  so  provided  shall  be  made  as 
effectual  as  possible  to  defend  the  frontier  ;  and  should  Col  federate  troops  be 
kept  on  the  frontier,  and,  in  the  event  that  the  enemy  should  invade  any  portion 
of  the  State  near  the  frontier,  the  Governor  shall  have  the  power  to  order  the 
commanders  of  such  districts,  as  may  be  contiguous  to  the  scone  of  danger,  to 
take  the  whole  or  part  of  their  respective  forces  and  participate  in  repelling 
the  enemy  ;  but  in  no  event  are  such  forces  to  be  kept  away  from  their  own 
proper  field  ot  operations  for  a  longer  time  than  one  month,  unless  such  forces 
are  used  against  an  Indian  enemy. 

Sec.  14.    That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  lf>th,  18G3. 

CHAPTER  XXXVII. 

AX  ACT  svpplemcntal  to.  an<l  to  amend  (he  first  and  fourth  sec  ^naci 

entitled  "An  Act  appropriating  sixteen  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  for  the  recovering,  or  repairing  the  roofs  on  the  Capitol,  the 
Oeneral  Jjir,d  Office,  Hie  Old  Land  Office,  and  the  Treasury  buildings,' J  approved 
March  6th,  1863. 

Section  1.  Be  it  enacted  by  tl<>  legislature  of  the  State  if  Texas,  That  the  first 
and  fourth  sections  of  the  act  before  recited,  be  so  amended  as  to  read  as  follows  : 
"Section  1.  That  the  sum  of  $16,000,  in  addition  to  the  amount  heretofore 
"  expended,  or  so  much  thereof  as  may  be  necessary,  be  and  the  same  is  hereby 
"appropriated,  to  pay  for  recovering,  or  repairing  the  roofs  of  the  Capitol,  the 
"  General  Land  Office,  the  Old  Land  Office,  and  the  Treasury  buildings.'' 

"  Section  4.  The  work  may  be  let  out  in  one  or  more  contracts  :  and  the 
"  6aid  commissioners  may  advance  upon  said  contract  or  contracts  as  the  work 
"  progresses,  money  to  the  amount  of  three-fourths  of  the  price  agreed  upon  to 
"  be  paid  for  said  work,  and  no  more,  until  the  work,  or  each  Beparate  job  of 
"  work,  be  completed,  and  if  after  an  examination  the  said  commission*  r-  shall 
"find  such  work  well  done,  then  the  remaining  one-fourth  oi  the  price  agreed 
"  upon  shall  be  paid.''         . 

Sbc.  2.  That  the  Military  Board  be  authorized,  and  required,  to  procure  and 
deliver  to  the  6aid  Board  of  Commissioners,  the  necessary  tin  or  copper  for 
gutters,  and  the  nails  to  complete  said  work,  and  for  the  procuring  of  Baid  tin 
or  copper,  and  nails,  said  Board  may  use  any  funds  under  Iheir  control,  not 
Otherwise  appropriated. 

■  3.  That  this  act  he  in  force  from  its  passage. 
Approved  December  16th,  1868. 

CHARTER  XXXVI II. 
AN  ACT  for  the  relief  of  owners  of  lands  sold  for  Taxes  and  bou 

by  the  State. 

Section  1.  Be  it  enacted  by  th  Legislature  of  the  Stat<  of  Texas.  That  the 
time  for  the  redemption  of  lands  heretofore  sold  for  taxes  and  bought  by  the 


26 

State,  be  further  extended  to  tbe  first  day  of  January,  I860  :  Provided,  that  the 
owners  of  lands  so  sold,  shall  pay,  before  that  date,  to  the  Assessor  and  Collector 
of  the  county  wherein  the  sale  was  made,  or  to  the  Comptroller  of  tbe  State, 
double  the  amount  of  the  taxes  for  which  the  sale  was  made,  and  also  all  tbe  taxes 
since  due  to  the  State  and  county  on  said  lands,  and  the  cost  attending  such  sale. 

Sec.  2.  Be  it  further  enacted  that  this  act  take  effect  from  and  after  its  passage. 

Approved  December  15th,  1803. 

XXXIX. 

AN  ACT  to  Reorganize  the  Military  Board  of  tike  State  of  Texas. 

Sectioh  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  there 
is  hereby  created  a  Military  Board  of  the  State  of  Texas,  to  be  composed  of 
three  members  :  the  Governor  of  the  State,  who  shall  be  ex  officio  President  of 
the  Board,  and  two  other  members,  who  shall  be  appointed  by  tbo  Governor. 
The  members  appointed  by  tbe  Governor  shall  be  liable  to  be  removed  by  him, 
whenever,  in  his  judgment,  the  public  interest  may  require  it ;  they  shall  reside 
at  the  seat  of  Government,  and  shall  receive  an  annual  salary  of  twenty-two 
hundred  aud  fifty  dollars  each  ;  and  before  they  enter  upon  the  duties  of  their 
office,  they  shall  take  and  subscribe  the  oath  of  office  prescribed  by  the  Consti- 
tution, and  shall  each  give  bond,  with  good  and  sufficient  sureties,  in  the  sum 
of  twenty-five  thousand  dollars,  payable  to  the  State  of  Texas,  conditioned  that 
they  will  well  and  faithfully  perform  the  duties  of  their  office  ;  which  bond  shall 
be  approved  by  the  Governor,  and,  together  with  their  oaths  of  office,  shall  be 
filed  in  the  office  of  the  Secretary  of  State. 

Sec.  2.  As  soon  as  the  Military  Board,  created  by  this  act,  shall  be  organized 
it  shall  succeed  to  the  duties  of  the  existing  Military  Board,  and  shall  take 
charge  of  all  its  unfinished  business  ;  and  the  powers  of  this  Board  shall  be  as 
those  heretofore  conferred  on  the  Military  Board,  and  shall  be  extended  to  the 
control  of  all  public  works  and  supplies,  and  to  the  aid  of  producing,  within 
the  State,  by  the  importation  of  articles  necessary  and  proper  for  such  aid. 

Sec.  3.  The  Board  shall  procure  regular  books  to  be  kept,  showing  all  their 
transactions,  and  shall  open  an  account  with  the  Comptroller  and  Treasurer, 
which  shall  show  the  general  progress  of  their  business,  and  at  the  expiration 
of  every  six  months,  shall  file  an  account  of  their  transactions,  accompanied 
with  vouchers  for  money  paid  out ;  the  money  received  for  articles  sold  by  the 
Board,  or  for  work  done,  shall  be  placed  in  the  Treasury,  subject  to  the  orders 
of  the  Board  for  future  operations,  unless  the  Board  shall  order  the  same  to  be 
placed  to  the  account  of  the  general  revenue. 

Sec.  4.  In  carrying  out  the  purposes  of  this  act,  the  Board  shall  have  power 
to  employ  two  clerks,  whose  salaries  shall  not  exceed  fourteen  hundred  dollars 
each,  and  such  other  agents  and  employees  as  they  may  find  necessary,  allowing 
them  reasonable  compensation  for  their  services. 

Sec.  5.  That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  ICth,  1863. 

CHAPTER  XL. 

AN  ACT  supplementary  to,  and  amendatary  of  "  An  Act  to  suspend  all  laws  for 
ike  collection  of  debts  and  liabilities  on  bonds, promissory  notes,  bills  of  exctonge 
and  contracts  for  the  payment  of  money,  until  twelve  months  after  the  ratification 
of  a  treaty  of  peace,  between  the  Confederate  States  of  America  and  the  United 
States  of  America,  or  until  otherwise  provided  by  law,"  apppoved  Bee.  2d,  1863. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas,  That  tbe  first 
section  of  the  above  recited  act  shall  be  so  amended  as  hereafter  to  read  aa 
follows  :  That  until  twelve  months  after  the  ratification  of  a  treaty  of  peace 
between    the    Confederate    States  of   America  and    the  United    States    of 


2T 

America,  or  until  othewUe  provided  by  law,  ail  laws  for  the  collection  of  debts 
and  liabilities  on  bonds,  promiasary  noles,  bills  of  exchange  and  contracts  for 
the  payment  of  money,  except  in  cases  of  persons  who  abandon  the  country  ; 
liabilities  on  the  part  of  public  officers  ;  liabilities  and  indebtedness  to  the 
State,  and  also  when  money  has  been  received  on  deposit  or  in  fcrust  for  those 
who  may  be  entitled  to  the  same,  and  for  the  collection  of  the  interest  on  the 
money  loaued  at  interest,  by  guardians,  belonging  to  their  wards,  are  hereby 
suspended.  Provided,  That  this  act  shall  not  be  construed  to  forbid  the 
issuance  of  writs  of  attachment,  sequestration,  or  injunction,  nor  the  institution 
of  necessary  preliminary  proceedings  for  that  purpose,  in  accordance  with 
existing  laws,  aniprovidea further ,  that  this  act  shall  not  apply  to  any  claim  or 
demand  against  alien  enemies  ;  and  provided  further,  that  tin's  act  shall  not  be 
so  construed  as  to  interfere  with  the  action  of  the  Supreme  Court  in  deciding 
ail  cases,  as  now  directed  by  law. 
Approved  December  16th,  I 

CHAPTER  XLI. 

AN  ACT  to  provide  for  special  terms  of  District  Courts,  an 
extend  the  powers  of  the  Judges  thereof,  in  certain  cases. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  when 
any  person  shall  be  legally  charged  with  the  commission  of  a  high  crime,  the 
Judge  of  the  District  Court,  having  jurisdiction  of  the  case,  may  call  a  special 
term  of  the  proper  court,  at  any  time,  for  the  trial  of  the  ca^e  :  and  he  may 
cause  grand  and  petit  jurors  to  be  summoned  in  the  usual  mode,  to  attend  the 
court,  except  that  the  drawing  for  the  jurors  may  bo  only  fifteen  days  before 
the  commencement  of  the  term  ;  and  he  may  cause  the  accused  person  to  be 
brough*  before  the  court  at  such  term,  whether  imprisoned  or  bound  for  appear- 
ance ai  a  regular  term:  and  such  obligation  shall  be  discharged  by  appearance 
and  trial  of  the  accused  at  the  special  term  ;  and  the  Judge  may,  in  all  other 
respects,  proceed  in  such  special  business,  at  such  special  term,  as  he  might  do 
at  a  regular  term  of  the  court.  The  order  for  the  special  term  and  for  I  he  jurors 
therefor,  shall  be  entered  as  part  of  the  minutes  of  proceedings  of  the  term  at 
the  commencement  thereof;  and  the  rights  of  the  State  and  of  any  person,  in- 
terested in  the  proceedings  of  the  court  at  such  term,  shall  be  the  same  that 
they  would  be  in  the  like  case  at  a  regular  term. 

Sec.  2.  The  several  Judges  of  the  District  Courts,  are  hereby  authorized 
and  empowered,  in  all  cases  of  injunction,  to  hear  and  determine  motion 
dissolve  the  same,  without  determining  the  merits,  in  vacation  as  well  as  at  a 
regular  term,  af'cr  answer  filed,  upon  ten  days  notice  of  the,  time  and  placi 
hearing  said  motion,  being  given  to  the  opposite  party  or  his  attorney  :  and  bv 
proper  order  have  the  proceedings  placed  upon  the  minuies  of  the  appropriate 
court,  and  the  said  Judges  shall  have  power  to  punish  any  and  all  persons  for 
disobeying  a  writ  of  injunction,  or  other  legal  process,  by  fine,  or  imprisoment, 
or  by  both  punishments,  to  such  an  extent  as  will  enforce  obedience  thereto, 
by  order  made  within  the  term  time  or  vacation. 

Sec.  3.  This  Act  shall  be  in  force  from  its 

Approved  December  16th,   1SC3. 

[APTBB  XI.II. 

AN  ACT  to  provide  for  ascertaining  conflicts  in  Surveys  ami  County  B 
to  prevent  such  conflicts  from  i  ■  >  provide  for  patenknf 

surveys  in  such 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  for  the 
purpose  of  ascertaining  conflicts  in,  and  m  iking  proper  connections  of  BUTT8JS 
and  county  boundaries,  in  cases  where  from  discrepencics  and  imperfecta- 


28 

field  notes,  it  becomes  necessary,  for  the  proper  compilation  of  maps  and  issuing 
of  patents,  the  Commissioner  of  the  General  Laud  Office  shall  be  authorized  to 
order  such  surveys  to  be  made  as  he  may  deem  necessary,  and  to  employ  a 
competent  surveyor  for  said  purpose.  All  such  surveys  shall  be  made  under 
the  directions^  and  according  to  the  instructions,  of  the  Commissioner  of  the 
General  Land  Office,  and  proper  field  notes  of  the  same  shall  be  recorded  in  the 
counties  or  districts  affected  thereby,  and  returned  to  the  General  Land  Office, 
with  the  accounts  of  the  surveyor  for  making  the  same,  which  accounts  shall 
be  audited  by  the  Commissioner  of  the  General  Land  Office,  and  be  paid  by  the 
Treasurer  of  the  State  upon  his  certificate. 

Sec.  2.  Before  any  county  in  this  State,  not  already  regularly  organized  as  a 
land  district  under  existing  law,  shall  be  recognized  as  such,  the  county  court 
shall  cause  the  boundary  lines  of  the  county  to  be  run  out,  plainly  marked, 
and  duly  connected  according  to  law,  and  the  field  notes  of  the  same,  duly 
recorded,  to  be  forwarded  to  tke  General  Land  Office,  and  shall  also  file  in  said 
office,  in  such  manner  and  form  as  the  Commissioner  thereof  shall  require, 
satisfactory  evidence  that  all  the  requisitions  of  the  law  have  been  complied 
with,  and  no  surveyor  of  any  such  county  shall  be  authorized  to  survey  any 
public  land  therein,  until  a  certificate  from  the  Commissioner  of  the  General 
Land  Office,  has  been  recorded  in  his  office,  certifying  that  said  county  is 
authorized,  under  the  law,  to  have  a  separate  surveyor's  office. 

Sec.  3.  If  from  mutilation  or  deficiency  of  records,  or  other  causes,  it  be 
found  impracticable  to  procure  the  requisite  maps  and  transcripts  of  records,  in 
the  manner  heretofore  required  by  law,  it  shall  be  competent  to  procure  the  same 
from  the  General  Land  Office,  and  when  so  procured  and  certified,  they  shall 
be  held  and  deemed  to  have  the  same  force  and  effect,  as  the  original  records. 
Every  such  transcript  shall  be  made  in  a  well  bound  book,  and  shall  be  paid 
for  by  the  county  as  now  required  by  law,  and  for  the  purpose  of  making  the 
same,  the  Commissioner  shall  be  authorized  to  employ  such  additional  clerks  as 
may  be  necessary  at  any  time,  provided  that  no  charge  shall  thereby  be  made 
to  the  State. 

Sec.  4.  Whenever,  upon  making  proper  connections  of  surveys,  and  estab- 
lishing proper  connections  of  counties,  it  shall  appear  that  any  survey  which 
has  been,  or  may  hereafter  be  made,  is  entirely  without  the  limits  of  the  county 
or  district  in  which  the  same  purports  to  have  been  made,  it  shall  be  the  duty 
of  the  Commissioner  of  the  General  Land  Office,  to  cause  the  field  notes  or  a  cer- 
tified copy  of  the  same,  to  be  recorded  in  the  county  or  district  in  which  the  same 
is  situated  ;  provided  the  survey  does  not  conflict  with  any  previous  location  or 
survey  made  in  the  proper  county,  and  every  such  survey  shall  be  patented, 
and  shall  be  as  valid  as  though  made  originally  in  the  proper  county. 

Sec.  5.  The  provisions  of  the  first  section  of  this  act  shall  be  deemed  to 
extend  to  all  necessary  resurveys  of  University  Lands,  and  all  lands  in  which  the 
State  has  an  interest ;  and  that  the  sum  of  twenty  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  be  and  the  same  is  hereby  appropriated  for  the 
purpose  of  enabling  the  Commissioner  of  the  General  Land  Office  to  make 
necessary  surveys  under  the  provisions  of  this  act,  and  that  this  act  take  effect 
and  be  in  force  from  and  after  its  passage. 

Approved  December  ICth,  18G3. 

CHAPTER  XLIII. 

AN  ACT  to  amend  the  third  and  fourth  sections  of  "  An  Act  to  provide  necessary 

assistance  for  families,  and  other  dependents  of  officers  and  soldiers,''  approved 

March  6th,  18G3. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas,  That  the 
third  and  fourth  sections  of  "  An  act  to  provide  necessary  assistance  for  families 
and  other  dependents  of  officers  and  soldiers,"  approved  March  6th,  1863,  are 
amended  so  as  to  be  as  follows  : 

Sec.  2.    In  such  business  the  court  may  obtain  money,  or  other  means,  either 


29 

by  public  appropriation  or  by  private  donation  ;  and  the  court  may  so  use  any 
funds,  which  it  may  How  have,  or  may  hereafter  acquire,  derived  From  taxation 
or  other  ordinary  source  ;  and  the  court  shall  raise  funds  therefor,  by  extraor- 
dinary taxation,  as  may  be  proper,  to  supply  necessary  assistance  for  the  families 
or  individuals  to  be  provided  for,  so  that  these  persons  shall  have  suitable  subsist- 
ence and  comfort,  and  property  in  their  charge  shall  haveprudenl  man  igement, 
to  prevent  loss  or  waste,  and  to  promote  appropriate  income  such 

extraordinary  taxes  shall  be  collected,  as  nee  led,  a  icording  to  cess- 

ment, as  it  may  be  from  time  to  time  ;  and  the  aggregate  of  taxes  so  collected 
in  each  year,  shall  not  exceed  the  rate  of  one  dollar  on  each  b  lollara 

of  the  assessment,  and   in   the  collection   of  such  taxes,  th  nits  may 

make  any  practicable  arrangements  for  receiving  payments  in  otherarticles  than 
money,  so  as  to  promote  the  assistance  herein  provided  for. 

Sec.  3.  In  such  business  the  court  may  administer  the  means  under  its 
control,  not  only  in  any  mode  which  may  be  prescribed  by  1  insis- 

tently therewith,  by  any  suitable  instrumentalities;  Provided,  the  court  shall  not 
distribute  money  to  the  beneficiaries  for  them  to  use  at  their  pleasure  :  but,  the 
court  shall  cause  the  means  under  its  control  to  be  specially  applied  to  relieve 
the  actual  wants  of  the  beneficiaries,  in  giving  the  assistance  herein  provided  for. 

Sec.  4.  This  act  shall  be  in  force  from  its  passage. 

Approved  December  Kith.  1863. 

CHAPTER  XLIV. 

.1  y  ACT  providing  for  the  purchase  of  cotton  by  the  State,  to  meet  the  payment  of 

the  cotton  bonds  to  be  issued  in  pursuance  of  the  provision*  of  "  An  Act. to  > 
two  millions  of  dollars,  or  so  much  thereof  as  may  be  necessary,  by  the  sale  of 
cotton  bonds,  to  provide  for  the  defense  of  the  Hate,  and  to  repel  invasion,  and  for 
the  purchase  of  machinery  for  manufacturing  purposes,''  approved  Decemlur 
10W,  1803. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Governor  of  the  State  be,  and  he  is  hereby  authorized,  to  have  purchased,  in 
su«h  manner  as  he  may  considor  to  the  best  interest  of  the  State,  the  cotton 
necessary  to  meet  the  payment  of  the  bonds  issued  in  pursuance  of  the  provi- 
sions of  "  An  act  to  raise  two  millions  of  dollars,  or  so  much  thereof  as  may 
be  necessary,  by  the  sale  of  cotton  bonds,  to  provide  for  the  defense  of  the 
State,  and  to  expel  invasion,  and  for  the  purchase  of  machinery  for  manufac- 
turing purposes,  approved  December  10th.  1863  ;  "  and  that  the  sum  of  two 
millions  of  dollars  of  such  funds  in  the  Treasury  of  the  State,  not  otherwise 
appropriated,  be  and  is  hereby  appropriated  to  be  used  under  the  direction  of 
the  Governor,  in  the  purchase  of  cotton  for  the  purposes  aforesaid. 

Sec.  2.  Should  there  not  be  sufficient  funds  in  the  Treasury  of  the  State,  to 
meot  the  appropriation  made  in  the  first  section  of  this  act,  or  should  the  Gov- 
enor  of  the  State,  in  his  discretion,  deem  it  advisable  to  use  the  lands  of  the 
State,  to  carry  into  effect  tho  object  of  this  act,  in  either  case,  the  Governor  is 
hereby  authorized  to  execute  the  bonds  of  this  State,  payable  from  six  to  twelve 
years  after  the  present  war  between  the  Confederate  States  of  America  and  the 
United  States  of  America,  redeemable  at  the  pleasure  of  the  State,  for  tho  sum 
of  two  millions  of  dollars,  or  so  much  thereof  as  he  may  deem  necessary,  and 
in  such  sums  as  ho  may  consider  most  suitable,  bearing  interest  at  the  rate  of 
seven  per  cent,  per  annum,  from  the  date  of  their  negotiation,  payable  in  specie 
twelve  months  after  the  close  of  said  war,  and  semi-annually  thereafter,  until 
the  payment  of  the  principal.  That  said  bonds  may,  at  any  time,  be  cai  el  led 
at  the  pleasure  of  the  holder  or  holders,  by  presenting  said  bonds  to  tho 
Treasurer  of  the  State,  who  shall  pay  the  face  value  of  said  bonds  in  the  land 
script  of  the  Sta'e,  at  the  rate  of  fifty  r  >nta  per  acre.  That  said  bond 
signed  by  the  Governor  and  Treasurer,  and  registered  by  the  Comptroller,  who 
shall  certify  the  fact  of  said  registration  on  the  back  of  said  bond  . 


30 

Sec.  3.  The  Governor  shall  authorize  the  negotiation  and  sale  of  said  bonds 
from  time  to  time,  and  the  proceeds  thereof  shall  be  applied,  under  bis  direction, 
in  carrying  into  effect  the  object  of  this  act. 

Sec.  4.     This  act  to  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  16th,  18G3. 

CHAPTER  XLV. 

AN  ACT  to  amend  the  first  and  second  sections  of  '-An  Act  to  regulate  the  sale  of 
Beef  Cattle,  and  to  require  Butchers  to  keep  and  return  lists  of  cattle  slaughtered 
by  them,  and  to  prevent  the  sale  of  Calves  for  slaughter  iciifwut  branding,'" 
approved  March  Wi,  1863. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  first 
section  of  the  above  recited  act  be  amended,  so  as  to  read  as  follows,  to  wit : 
Every  purchaser  of  beeves  for  the  purpose  of  slaughter  for  the  Confederate- 
armies  within  the  county  where  purchased  or  elsewhere,  or  for  the  purpose  of 
exportation  or  driving  to  market  out  of  the  county  where  purchased,  shall, 
before  slaughtering  as  aforesaid,  or  exporting,  or  driving  the  same  out  of  the 
county  where  purchased,  take  from  each  and  every  person  from  whom  he  pur- 
chases any  such  beef,  or  beeves,  a  bill  of  sale  of  the  same,  in  writing,  fully  - 
describing  the  number  and  kind  of  animals  purchased,  with  the  age,  value,  and 
marks  and  brands  of  each,  which  shall  be  signed  by  the  party  selling  the  same  ; 
and,  after  having  had  the  same  proven  or  acknowledged  as  required  by  law, 
shall  cause  the  same  to  be  filed  for  record  in  the  office  of  the  Clerk  of  the 
County  Court  of  the  county  where  such  beeves  were  purchased.  Such  bills  of 
sale  shall  be  recorded  by  the  Clerk  of  the  County  Court,  in  a  book  to  be  kept 
for  that  purpose,  which  shall  be  open  for  inspection  by  the  public  :  Provided, 
That  when  there  shall  be  no  clerk  in  the  county  where  such  record  shall  be 
required  to  be  made,  the  same  shall  be  filed  and  recorded,  in  the  manner  herein 
required,  in  some  adjoining  county  ;  and  such  record,  in  an  adjoining  county, 
shall  not  dispense  with  the  necessity  of  filing  and  recording  in  the  proper 
county,  so  soon  as  there  is  a  clerk  therein  authorized  to  make  such  record. 

Sec.  2.  Section  second  of  the  above  recited  act  is  hereby  amended,  so  as  to 
read  as  follows,  to  wit :  Sec.  2.  Any  purchaser  of  beef,  or  beeves,  who  shall 
fail  to  comply  with,  or  shall  violate  the  provisions  of,  the  first  section  of  this 
act,  shall  be  deemed  guilty  of  an  offense  against  the  laws  of  this  State,  and 
shall  be  liable  to  indictment  therefor,  and,  upon  conviction,  shall  be  fined  in 
a  sum  not  less  than  twice  nor  more  than  five  times  the  value  of  the  beef,  or 
beeves,  slaughtered  or  driven  off,  contrary  to  the  true  intent  and  meaning  of 
this  act,  one-half  of  which  shall  go  to  the  informer  and  the  other  half  shall  be 
paid  into  the  county  treasury,  to  the  use  of  the  county  as  a  jury  fund  :  Provided, 
That  such  conviction  and  fine  shall  not  be  plead  in  bar  of  any  civil  suit  for 
damages,  brought  by  the  owner  of  such  beef,  or  beeves  ;  nor  of  any  criminal 
action  to  which  such  person  might  become  liable  for  forging  any  bill  of  sale 
required  under  this  act. 
Sec.  3.  This  act  shall  be  in  force  from  and  after  its  passage. 
Approved  December  16th,  1863. 

CHAPTER  XLVI. 

AN  ACT  to  prescribe  the  punishment  for  encouraging  Desertion 
from  the  Army  or  Navy  of  the  Confederate  States,  or  the  State  of 
Texas. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  if  any 
person  within  this  State  shall  conceal,  harbor,  aid,  assist,  or  in  any  manner 
give  protection  to  any  person  who  is  a  deserter  from  the  army  or  navy  of  the 
Confederate  States  or  the  State  of  Texas,  knowing  such  person  to  be  a  deserter, 


31 

or,  if  any  person  shall,  in  any  manner,  aid  or  assist  any  one  who  has  been 
legally  drafted  for  the  militia  service  of  this  State,  in  evading  or  escaping  from 
snch  militia  service,  such  person  or  persons,  bo  offending,  shall  be  deemed 
guilty  of  an  offense,  and,  upon  conviction  thereof  by  the  District  Court  of  the 
oounty  where  such  offense  was  committed,  shall  be  punished  by  confinement, 
to  hard  labor  in  the  State  Penitentiary  not  more  than  five  years,  or  any  less 
punishment  may  be  assessed  by  the  jury,  in  their  discretion. 

Skc.  2-.  Any  person  who  shall  advise,  or  in  any  manner  assist  or  encourage, 
any  officer,  soldier.  Beaman,  or  marine,  to  desert  from  the  army  or  navy  of  the 
Confederate  States  or  ol  this  State,  or  shall  advise,  aid,  or  encourage,  any 
pei son  who  has  been  legally  drafted  for  the  militia  service  of  the  State  ol  Texas, 
to  evade  or  escape  from  the  same,  shall  be  deemed  guilty  of  an  offense,  and, 
upon  conviction  thereof  in  the  District  Court  of  the  comity  where  Buch  offendei 
resides,  or  in  the  county  where  such  offense  was  committed,  shall  be  punished 
by  confinement  in  the  State  Penitentiary,  at  hard  labor,  not  less  than  two  nor 
more  than  five  years  :  Provided,  That  the  penalties  of  this  act  shall  not  attach 
to  the  wife,  or  mother,  of  any  officer,  soldier,  seaman,  or  marine,  or  person  held 
to  militia,  service  in  this  State,  as  heretofore  designated,  who  may  render  such 
aid  to  her  husband  or  son. 

Skc.  3.    The  Judgesof  the  several  District  Courts  shall  give  this  law  <■ 
cially  in  charge  to  the  grand  juries. 

Sec.  4.  That  this  act  shall  be  iu  force  from  and  after  the  first  day  of  Feb 
ruary,  1864. 

Approved  December  16th,  I 

CHAPTER  XLVli. 

AN  ACT  io  regulate  the  Estraying  of  Stock,  in  certain   Cow 

therein  named. 

Section  1.    Be  islature  of  the  State  of  Texas,  That  here- 

after when  any  stray  horse,  mare,  colt,  mule,  jack,  or  jinnet,  shall  be  found  on 
the  plantation  or  land  of  any  citizen  of  this  State,  such  citizen  shall  forthwith 
advertise  the  same,  describing  the  animal's  color,  and  specifying  the  marks  and 
brands,  if  any,  at  three  public  places  in  the  county  in  which  such  citizen 
resides,  one  of  which  notices  shall  be  on  the  Court-house  door,  for  at  least 
twenty  days  ;  after  the  expiration  of  which  time,  if  no  owner  apply,  it  shall 
be  lawful  for  such  citizen  to  appear  before  some  Justice  of  the  Peace,  in  and 
for  said  county,  and  estray  the  same. 

Sec.  2.  Any  citizen  entitled  to  estray  any  animal,  as  provided  in  the  first 
section  of  this  act,  shall  make  oath  that  the  animal  to  be  estrayed  was  taken 
up  at  his  or  her  residence,  or  on  his  or  her  plantation,  or  on  his  or  her  land, 
adjoining  the  same  ;  that  the  marks  and  brands  have  not  been  altered,  or  dis- 
figured, since  the  same  was  taken  up  ;  that  notice  has  been  given  according  to 
law,  and  that  no  owner  has  been  found,  which  affidavit  shall  be  sworn  to  and 
subscribed  by  the  citizen  estraying,  and  filed  ;  whereupon  the  Justice  shall 
cause  to  appear  before  him,  by  summons  or  otherwise,  two  disinterested  house- 
holders of  his  county,  commanding  them,  after  being  sworn,  to  value  and 
appraise  the  same,  and  certify  the  valuation,  together  with  a  particular  descrip- 
tion of  the  animal,  including  stature,  marks,  brands,  color,  and  age,  under  oatb, 
which  shall  be  attested  by  the  Justice,  who  shall  thereupon  require  of  the  I 
up  a  bond,  with  two  or  more  solvent  securities,  for  double  the  appraised  value 
of  such  animal,  payable  to  the  Chief  Justice  of  the  County,  or  his  successors  in 
office,  conditioned  that  the  taker  up  shall  comply  with  the  provisions  of  this 
act;  which  affidavit,  appraisement,  and  bond,  shall  be  transmitted  by  sueh 
Justice  to  the  Clerk  of  the  County  Court  within  twenty  days  thereafter;  for 
which  the  said  Justice  shall  receive  the  same  fees  that  are  allowed  for  similar 
services  by  law. 

Sic.  C.    At  any  time  within  twelve  months,  it  shall  be  lawful  for  the  owce: 


32 

of  any  stray  horse,  maro,  colt,  mule,  jack,  or  jinuet,  to  prove  his  or  her  property 
by  the  oath  or  affidavit  of  any  respectable  witness,  in  a  certificate,  containing  a 
particular  description  of  the  animal,  or  animals,  claimed,  including  the  kind, 
marks,  brands,  stature,  color,  and  age,  of  the  same,  which  certificate  shall  be 
sworn  to  and  subscribed  before  any  Justice  of  the  county  wherein  such  animal, 
or  animals,  may  have  been  estrayed,  and  delivered  to  the  taker  up,  to  be  filed 
by  him  in  the  office  of  the  County  Clerk  of  such  county  ;  and,  on  the  delivery 
of  such  certificate  and  the  payment  of  all  costs  incurred  in  keeping  and  posting 
such  estray,  or  estrays,  to  the  taker  up,  shall  be  entitled  to  demand  and  receive 
such  animal,  or  animals  :  Provided,  That  when  the  respectability  of  the  witness 
aforesaid  is  not  known  to  the  officer  administering  the  oath,  the  party  claiming 
shall  produce  satisfactory  evidence  of  the  respectability  of  such  wituess,  cer- 
tified by  a  Notary  Public  of  the  county  in  which  the  witness  resides;  and, 
provided  farther,  That  in  all  cases  when  the  owner  and  taker  up  cannot  agree 
upon  the  charge  for  keeping  such  estray,  or  estrays,  the  Justice  before  whom 
such  animal,  or  animals,  may  have  been  posted,  shall  determine  the  amount  to 
be  paid  by  the  owner  to  the  taker  up. 

Sec.  4.  If  any  person  or  persons  estraying  any  horse,  mare,  colt,  mule,  jack, 
or  jinnet,  shall  send  or  take  away  the  same  out  of  the  State  of  Texas,  through 
fraud,  or  swap,  sell,  or  otherwise  dispose  of  the  same,  for  the  purpose  of  gain, 
or  for  the  purpose  of  holding  such  property,  he,  she,  or  they,  so  offending,  shall 
be  liable  upon  his,  her.  or  their  bond,  in  an  action  for  damages,  in  favor  of  the 
party  injured. 

Sec.  5.  Whenever  any  estray  animal  shall  be  found  dead,  or  shall  escape, 
the  taker  up  shall,  without  delay,  make  report  thereof  to  the  Clerk  of  the 
County  Court,  under  oath,  which  report  shall  be  recorded  in  an  estray  book  ; 
and  any  person  who  shall  be  foun'd  guilty  of  making  a  false  report,  shall  be 
liable  to  an  indictment,  and  punished  therefor  as  in  other  cases  of  purjury,  and 
shall,  moreover,  be  liable  on  his  or  her  bond  for  the  value  of  the  animal,  or 
animals,  estrayed. 

Sec.  6.  Each  and  every  estray  shall  be  kept  in  the  county  in  which  such 
animal  was  taken  up,  and  may  be  used  in  moderation  :  Provided,  That  if  the 
same  be  abused,  the  taker  up  shall  be  liable  upon  his  bond,  in  damages,  for 
such  abuse,  and  may  be  sued  therefor,  either  by  the  owner,  or  by  the  Chief 
Justice  for  the  use  of  the  county. 

Sec.  7.  If  any  person  having  in  charge  any  estray,  or  estrays,  shall  refuse 
to  deliver  the  same  to  the  owner  thereot  on  his  complying  with  the  requisitions 
of  this  act,  such  owner  shall  be  entitled  to  his  action  therefor  with  damages. 

Sce.  8.  If  any  estray  or  estrays  of  any  kind  shall  be  found  running  at  large, 
and  not  estrayed,  and  the  owner  of  the  same  be  unknown,  it  is  hereby  made 
the  duty  of  the  County  Commissioners,  or  any  of  them,  to  return  the  same  with 
a  full  description  thereof,  to  the  County  Clerks  of  their  respective  counties,  who 
shall  advertise  the  same  in  the  manner  specified  in  this  act ;  and  if  such 
animal  shall  not  be  proved  away  by  the  owner  within  the  time  allowed  by  the 
provisions  of  this  act,  the  commissioner  returning  the  same,  or  his  successor 
in  office,  shall  proceed  to  sell  such  animal,  or  animals,  and  report  the  sale 
thereof  to  the  Clerk  of  the  County  Courts,  and  after  paying  the  Clerks  fees,  and 
retaining  ton  per  cent,  of  the  proceeds  of  such  sale,  be  shall  pay  the  remaining 
sum  into  the  county  treasury,  there  to  remain  during  the  present  war,  and  one 
year  thereafter,  during  which  time,  if  any  person,  or  persons,  shall  come  for- 
ward, claim  and  prove  up  the  property  thus  sold,  he,  she,  or  they  shall  be 
entitled  to  draw  from  the  treasury  the  full  amount  of  money  thus  retained  ; 
and  if  no  claimant  or  claimants,  shall  appear  as  provided  for  in  this  article, 
;aid  funds  shall  be  appropriated  for  the  use  and  benefit  of  the  county. 

Sec.  9.  Itshallbetueduty'of  theClerkof  the  County  Court  to  record  thepa- 
per s  transmitted  to  him,  as  provided  in  the  second  section  of  said  act,  in  a  separate 
book,  to  be  kept  in  his  office  for  that  purpose,  and  for  which  he  shall  be  entitled 
to  demand  and  reoeive,  the  same  fees  that  are  allowed  by  law  for  similar 
services,  to  be  paid  ,  in  all  cases,  by  the  taker  up  ;  Provided,  that  when  two  or 


33 

more  animals  are  taken  up  at  the  same  time,  and  by  the  same  person,  they  shall 
be  included  in  the  same  entry,  and  (he  justice  of  the  peace  and  Clerk  shall 
receive  no  more  fees  than  for  one  such  animal  ;  and  each  County  Clerk  shall 
cause  a  statement  of  the  appraisement,  and  a  description  of  the  animal  so 
estrayed,  to  be  advertised  at  leas!  three  times,  in  some  newspaper  published  in 
the  county  where  such  animal,  or  animals,  were  estrayed,  il  there  be  one,  and  if 
there  be  no  newspaper  published  Id  the  county,  then  the  clerk  Bhall  cause  the 
i  ■  to  be  advertised  in  the  newspaper  nearest  to  the  county,  and  also  by 
posting  up  notices  at  three  public  places  in  the  county,  one  of  which  shall  be  at 
the  court-house  door  thereof  ;  and  the  printer  of  such  notice  shall  furnish  a  copy 
of  the  paper  containing  the  same  to  said  clerk,  whose  duty  it  shall  be  to  file 
and  preserve  the  same  in  his  otliee,  for  the  inspection  of  all  persons  who  may  be 
interested;  and  for  such  publication,  the  printer  shall  be  entitled  to  receive 
from  the  party  estraying  the  same,  the  sum  of  two  dollars,  to  be  collected  by 
the  County  Clerk,  and  paid  to  the  order  of  the  printer. 

Sec.  10.  The  property  of  every  stray  horse,  mare,  colt,  mule,  jack,  jinnet, 
or  work  ox.  taken  up  as  aforesaid,  and  not  proven  away  by  the  owner  within 
twelve  months  alter  such  appraisement,  shall  be  deemed  vested  in  the  county 
wherein  such  estray  or  estrays  may  have  been  posted,  and  the  taker  up  shall 
immediately  thereafter  proceed  to  sell  the  same,  for  cash,  to  the  highest  bidder, 
at  the  court  house  door  of  the  county,  giving  notice  of  the  same  as  required  in 
the  case  of  sheriffs'  or  constable^'  sales,  and  within  ten  days  after  such  sale,  he 
shall  pay  into  the  county  treasury  of  the  county,  seventy -Vive  per  cent,  of  the 
proceeds  of  the  same,  and  retain  the  other  twenty-five  "per  cent,  for  his  own 
use  and  benefit  ;  Provided,  that  each  and  every  return  of  sale  shall  be  made 
to,  and'flled  by  the  County  Clerk  of  the  county,  and  sworn  to  by  the  taker  up  ; 
Provided,  also,  that  the  owner  of  property  so  estrayed,  may  at  any  time  during 
the  continuance  of  the  present  war,  or  one  year  after  the  ratification  of  a  treaty  of 
peace  between  the  United  States  and  the  Confederate  States  of  America,  come 
forward  to  the  county  treasurer,  and  upon  proof  of  such  ownership,  shall  be 
entitled  to  have  and  receive  the  amouut  so  deposited,  after  paying  such  costs 
as  may  be  necessary  to  establish  his  right  thereto. 

Sec.  11.  Any  citizen  taking  up  any  stray  cattle,  other  than  work  oxen, 
hogs,  sheep,  or  goats,  shall  proceed  in  the  same  manner  as  required  in  the  case 
of  horses,  etc.,  except  advertising  in  a  newspaper  ;  and  any  person  estraying 
the  same,  at  the  expiration  of  six  months  from  the  date  of  appraisement,  and 
shall  proceed  to  give  notice  as  required  in  cases  of  sheriffs'  or  constables'  sales, 
i  and  to  sell  such  estrays,  where  they  were  taken  up,  if  not  less  than  three  bidders 
attend  such  sale  ;  Provide.!,  that  no  animal  of  the  kind  enumerated  in  this 
section,  except  work  oxen,  shall  be  subject  to  be  estrayed,  unless  the  same  shall 
have  been  on  the  plantation  or  land  of  the  taker  up,  at  least  six  months  previ- 
ous to  the  time  of  estraying  the  same ;  Provided,  the  proceeds  of  the  sale  of 
estrayed  stock,  sold  under  the  provisions  of  this  act,  shall  be  paid  into  the 
treasury  of  the  county  in  which  said  estray  or  estrays,  were  sold,  and  disposed 
of  as  in  section  ten  of  this  act. 

Sec.  12.  That  in  making  the  returns  of  sales  under  this  act,  the  taker  up 
Bhall,  in  all  cases,  give  the  names  of  at  least  three  of  the  bidders,  who  were 
present  at  said  sale. 

Sec.  13.  This  Act  shall  take  effect  and  be  in  force  from  and  after  its  passage  in 
the  following  named  counties,  and  in  no  others,  to-wit :  Panola,  Rusk,  Red 
River,  Bowie,  Davis,  Marion.  Harrison,  Shelby,  Nacogdoches,  San  Augustine, 
Smith,  Angelina,  Cherokee.  Houston,  Tyler,  Hardin,  Jasper,  Newton,  Sabine, 
Polk,  Anderson,  Trinity,  Wood,  Fannin,  Van  Zandt,  Hopkins  and  Lamar. 

Approved  December  16th,  1863. 


34 

CHAPTER  XLVIII. 

AN  ACT  to  amend  Article  88,  Chapter  II and  Article  123  Chapter 

VI,  of  the  Penal  Code. 

Section  1.  Be  ii  enacted  by  the  Legislature  of  the  State  of  Texas,  That  Article 
88,  Chapter  II,  and  Article  123,  Chapter  VI,  be  so  amended  as  that  they  shall 
respectively  r.ead  as  follows,  to-wit : 

Akt.  88.  The  salaries  of  ihe  Superinlendant,  Directors,  rirys'ci  n.  aDd 
Chaplain,  shall  be  paid  quarterly  by  the  Financial  Agent,  out  t>f  the  funds  of 
the  Institution,  and  the  salary  of  the  Financial  Agent  shall  be  paid  quarterly 
by  the  State  Treasurer,  out  of  the  funds  of  the  State,  on  the  warrant  of  the 
Comptroller. 

Sec.  2. — Art.  123.  He  shall  be  the  purchasing,uselling  and  disbursing  agent 
of  the  Penitentiary.  Before  entering  on  the  discharge  of  his  duties,  he  shall 
execute  a  bond  in  the  sum  of  one  hundred  thousand  dollars,  payable  to  the 
State  of  Texas,  with  two  or  more  good  and  sufficient  securities,  to  be  approved 
by  the  board  of  directors,  conditioned  as  follows  :  That  he  will  honestly  and 
faithfully  discharge  the  duties  of  his  office  as  such  agent ;  that  he  will  deposit 
or  pay  over,  all  sums  of  money,  which  may  come  into  his  hands  as  Financial 
Agent,  not  necessary  for  the  current  expenses  of  the  Penitentiary,  as  may  be 
directed  by  law,  or  may  be  ordered  by  the  Governor  ;  that  he  shall  pay  all 
accounts  for  services  rendered ,  and  purchases  made  on  the  presentation  of  proper 
vouchers  ;  and  that  he  shall  pay  all  drafts  drawn  on  him  by  the  Superintendant 
for  any  purposes  authorized  by  law.  Said  bond  shall  be  recorded  in  the 
Directors  book  of  minutes,  and  by  them  shall  be  transmitted  to  the  Department 
of  State,  and  the  same  shall  remain,  unless  called  for  by  the  proper  authorities, 
for  necessary  purposes. 

Sec.  3.  That  this  Act  take  effect  and  be  in  force  from  and  after  its  passage, 
and  that  all  laws,  and  parts  of  laws,  in  conflict  with  the  provisions  of  the  same, 
be  and  the  same  are  hereby  repealed. 

Approved  December  16th,  18G3. 

CHAPTER  XLIX. 

AN  ACT  making  an  appropriation  to  defray  the  expenses  of  defending  the  Frontier 
for  the  years  1864  and  1865,  in  pursuance  of  the  provisions  of  "  An  act  to  pro- 
vide for  the  protection  of  the  Frontier,  and  turning  over  the  Frontier  Regiment  to 
the  Confederate  States  service,"  approved  Dec.  15th,  1863. 
Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the  sum 
of  one  million  dollars  in  Confederate  States  Treasury  Notes,  be  and  the  same 
is  hereby  appropriated,  to  be  expended  in  defraying  the  expenses  of  defending 
the  Frontier  for  the  years  1864  and  1865,  as  provided  for  in  the  act  mentioned 
in  the  title  hereof. 
Approved  December  16,  1863. 

CHAPTER  L. 

AN  ACT  supplementary  to  an  act  to  provide  for  the  Protection  of  the  Frontier,  and 
turning  over  the  Frontier  Begiment  to  the  Confederate  States  service,  approved 
December  15th,  1863. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
ammuntion  mentioned  in  the  fourth  and  other  sections  of  the  act  to  which  this 
is  supplementary,  shall  be  furnished  to  the  men  upon  proper  requisitions,  at  the 
cost  of  the  State,  and  without  charge  to  the  men. 

,  _  Sec.  2.  That  the  person  to  be  appointed  by  the  Governor,  under  the  provi- 
sions of  the  act  to  which  this  is  a  supplement,  to  act  as  paymaster  to  said 
Frontier  organization,  shall  Lave  the  rank  and  pay  of  a  captain  of  cavalry,  and 


35 

beiore  entering  upon  the  duties  of  his  office,  give  bond  in  such  an  amount  as 
the  Governor  may  require,  with  two  or  more  responsible  sureties  for  the  faith- 
ful performance  of  the  duties  required  of  him.  such  bond  f"  be  approved  by 
tho  Governor. 

Sec.  3.  That  the  men  are  only  to  be  paid  for  8U  :b  time  as  they  are  actually 
on  duty,  and  not  for  such  time  as  they  are  at  home  :  and.  if  at  any  time  more 
than  one-fourth  of  any  <m"  of  s.ud  companies  should  be  ordered"  on  duty,  no 
additional  pay  shall  lie  allowed  the  men  or  officers,  unless  Buch  additional  duty 
was  performed  under  orders  from  the  G  ivernor,  or  under  orders  approved  by 
him.     This  act  to  I  and  be  in  force  from 

Approved  December  lGth.  1SC3. 

CHAPTER  LT. 

.1  .V  AC1  s  ,.'  ■  omental  to  an  act  ;■  tction  of  the  Frontier, 

for  Hi1-'  transfer  ofth 

Section  1.    V,  I  by  the  I.  of  Texas,  That  all 

that  portion  of  Karnes  County  lying  southwest  of  the  San   Antonio   River, 
and  all  that  part  of  Bee  County  lying  southwest  of  the  Medio  River,  be  and 
the  same  are  hereby  embraced  in  the  provisions  of  the  above  recited  act. 
ct  shall  be  in  force  from  and  after  its  passage. 

Approved  December  16th,  1863. 

CHAPTER   LII. 

AN  ACT  for  (hefurth  of  purchasers  of  University  La 

HON  1.     .'  1  l>n  the   I  ,  That  the 

purchasers  of  University  lauds  shall  have  until  the  expiration  of  twelve  calen- 
dar months,  from  and  after  the  declaration  of  peace  between  the  Confederate 
States  of  America  and  the  United  States  of  America,  or  until  otherwise  provided 
by  law,  to  make  payment  of  the  instalments  and  interest  due  the  University 
fund  for  said  lands  :  Provided,  That  all  such  payments  shall  be  made  in  State 
bonds  and  State  treasury  warrants  ;  that  this  act  shall  not  be  construed  to  pre- 
vent such  persons,  as  may  desire  to  do  so,  from  paying  the  instalments  due,  or 
the  interest,  or  the  entire  purchase  money,  due  for  them  ;  and.  p 
that  the  sureties  of  each  purch  i  in  writing,  to  the  extension  of  time, 

or  the  principal  renew  their  notes,  witli  two  or  more  sureties,  to  bo  approved 
by  the  Comptroller. 

Bso.  2.  That  no  forfeiture  shall  accrue  by  reason  of  failure  of  purchasers  to 
pay  their  several  debts  due  for  University  lands,  previous  to  the  expiration  of 
the  time  mentioned  in  the  first  section  of  this  act.  • 

Sec.  3.    That  the  provisions  of  this  act  shall  apply  to  all  purchasers  of  Uni- 
ty lands,  as  well  to  those  who  have  paid  in  part  as  to  those  who  have  failed 
to  pay  any  portion  of  their  indebtedness. 

t.    That  an  act,  entitled  "An  act  for  the  relief  of  purchasers  o 
versity  lands,"  approved  January  lth.  1862,  be  and  the  same  i-  hereby  rep"  i 

">.    That  this  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  16th,  1863. 

CHAPTER   L11I. 

AS'  A<  .    ,  .2  the  thiol                                              "An  Ad  to  dm. 

prove  ■  it  of  the  several 

of 

Section  1.  tu.  That  the 

third  section  of  "An  act  to  change  and  provide  an  uniform  time  for  termin- 


36 

ating  the  fiscal  year  of  the  several  officers  of  the  State  government,"  ap- 
proved December  1  lib,  1857,  be  amended  so  as  to  be  in  force  as  follows: 
Sec.  3.  Twenty  copies  of  the  report  of  the  Comptroller,  and  ten  copies,  respect- 
ively, of  the  reports  of  the  Treasurer,  Commissioner  of  the  General  Land  Office, 
Secretary  of  State,  Attorney  General,  Adjutant  General,  Dirtetors  of  the  State 
Penitentiary,  and  other  public  officers  and  managers  of  institutions,  required 
to  report  to  the  Governor,  shall  be  printed  for  the  use  of  each  member  of  the 
Legislative;  and  the  Secretary  of  State  shall  send  the  same,  in  proper  pro- 
portions, to  the  presiding  officers  of  both  Houses  of  the  Legislature,  at  the 
commencement  of  each  regular  session,  for  the  use  of  the  members. 
Approved  December  16th,  18C3. 

CHAPTER  L1V. 

AN  ACT  to  provide  for  the  Manufacture  of  Iron  by  the  Military 
Board. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas.  That  it  shall 
be  tie  duty  of  the  Military  Board  to  erect  and  put  into  operation  one  or  more 
furnaces  and  forges,  and  other  suitable. works,  for  the  manufacture  of  iron,  to 
be  located  at  such  place,  or  places,  as  may  be  selected  by  said  board. 

Sec.  2.  That  all  iron  manufactured  by  said  board,  or  under  their  direction, 
not  needed  for  the  defense  of  the  State  or  in  the  performance  of  their  duties, 
shall  be  sold  to  the  people,  according  to  such  regulations  and  on  such  terms  as 
said  Military  Board  may  establish,  and  the  proceeds  of  such  sales  paid  into  the 
treasury  of  the  State. 

Sec.  3.  That  one  million  of  dollars,  or  so  much  thereof  as  may  be  necessary, 
be  and  the  some  is  hereby  appropriated  for  the  purpose  of  carrying  into  effect 
the  provisions  of  this  bill. 

Sec.  4.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  l'Gth,  1863. 

CHAPTER   LV. 

AN  ACT  to  amend  Article  960  of  the  Code  of  Criminal  Procedure. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Siate  of  Texas,  That  Article 
960  of  the  Code  of  Criminal  Procedure  shall  be  so  amended,  as  hereafter  to  read 
as  follows  :  The  Sheriff  shall  receive  from  the  county,  for  each  guard  he  may 
employ,  acd  for  tie  support  end  maintenance  of  each  prisoner  in  his  custody, 
such  amount  as  the  Chief  Justice  may,  in  his  discretion,  designate  as  necessary 
i&&  sufficient ;  acd  that  this  act  take  effect  from  its  passage. 

Approved  December  16tb,  1863. 

CHAPTER  LVI. 

AN  ACT  to  punish  certain  offences  committed  on  Sunday. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  any 
person,  or  persons,  who  shall  compel  his  or  her  slaves,  children,  or  apprentices, 
to  labor  on  the  Sabbath,  the  day  known  as  Sunday,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  fined  not  less  than  ten  nor  more 
than  fifty  dollars:  Provided,  That  household  duties,  works  of  necessity  and 
charity,  shall  not  be  prohibited  by  tbia  act :  Provided  further,  That  this  act 
shall  not  apply  to  any  work  done  on  sugar  plantations  during  the  sugar-making 
season,  or  any  work  that  may  be  necessary  to  save  any  crop. 

Sec.  2.  That  any  person,  or  persons,  who  shall  run  or  be  engaged  in  running 
any  horse  races,  or  engage  in  the  retail  of  spirituous  or  other  intoxicating  liquors, 


37 

or  who  shall  permit  or  allow  the  us?  of  any  nine  or  I  blui  *r<! 

table,  or  who  shall  be  engaged  in  m  itch  shootings,  on  Sunday  Bhall'be  deemed 
guilty  of  a  misdemeanor, and,  upon  conviction,  Bnall  be  fined  not  less  than  fifteen 
nor  more  than  fifty  dollars. 
Approved  December  16th,  1863. 

CHAPTER  LVll. 

A.V  ACT  authorizing 

in  this  State  the  i  U  m  ij  bt  i  i  o  du«,  or  herea 

Bonds. 

Section  1.    Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Comptroller  of  the  State  be,  and  he  is  hereby,  authorized  to  receive  {tola  tin. 
railroad  companies  in  this  State,  who  are  indebted  to  the  special  school   ' 
all  interest  on  their  bonds  (hit  may  now  be  or  hereafter  bee 
the  same  is  tendered  in  State  bonds,  or  in  State  treasury  warrants,  previous  t» 
the  meeting  of  the  next  regular  sesssion  of  the  State  Legislature. 

Sec.  2.  That  fov  all  sums  so  paid  in,  the  Comptroller  and  Trea?  irer  shall 
issue  to  the  special  school  fund  the  bonds  of  the  State,  bearing  six  per  ceut. 
interest. 

Sec.  3.     This  act  take  effect  from  its  passage. 

Approved  December  10th,  18C3. 

CHAPTER   LVIII. 
AN  ACT  to  regulate  Publication  Notices  in  certain  cases. 

Sbction  1.  Bt  it  enacted  l»j  the  Legislature  of  the  State  of  Texas,  That  all  legal 
publication  notices,  now  required  to  be  given  by  administrators,  executors, 
County  Clerks  and  Chief  Justices  of  the  several  counties,  and  which  said  notices 
are  required  by  the  existing  laws  to  be  printed  in  some  newspaper,  shall  here- 
after be  given  by  publication  in  such  newspaper  as  shall  be  designated  by  the 
Chief  Justice  of  the  respective  counties,  by  an  order  entered  npon  the  records 
of  the  County  Court. 

Sac.  2.  That  this  act  be  in  force  and  effect  from  and  after  its  passage,  and 
all  laws  conflicting  with  the  provisions  of  this  act  are  hereby  repealed. 

Approved  December  ICth,  1863. 

CHAPTER  L1X. 

AN  ACT  to  amend  the  first  section  of  an  act,  to  amend  the  fourth  section  of  an  act 
diUed  "An  act  regulating  attachments, "  approved  March  \\th,  1848,  passed  July 
24th,  1956. 

Baonoa  1.  Be  it  enaaed  by  the  Legislature  of  the  State  of  T*.r<is,  That  the  first 
-ection  of  the  above  recited  act  is  hereby  amended  so  that  the  same  shall  herc- 
aiter  read  as  follows,  to-wit :  The  Judges  and  Clerks  of  the  District  Courts,  and 
Justices  of  the  Peace,  may  issue  original  attachments,  returnable  to  their 
respective  courts,  upon  the  party  applying  for  the  same,  his  agent  or  attorney; 
making  an  affidavit  in  writing,  stating  that  the  defendant  is  justly  indebted  to 
to  the  plaintiff,  and  the  amount  of  the  dem  mil  :  also,  that  the  defendant  is  not 
a  resident  of  this  State  ;  or  that  he  is  about  to  remove  out  of  this  State  ;  or  has 
abandoned  the  country;  or  that  -  himself  so  that  the  ordinary  process 

of  law  cannot  be  served  on  him ;  or  that  he  is  about  to  remove  his  property 
beyond  this  State  ;  or  that  tie  is  about  to  remove  his  property  beyond 
the  county  in  which  the  suit  is  to  be,  or  (its  been,  comnvn^'d  ;  or  that  he  is 
about  to  transfer,  or  secrete,  or  has  transferred  his  property  lor  the 

purpose  of  defrauding  his  creditors  and  tl  'will  probably 


38 

lose  his  debt ;  and  he  shall  also  swear,  that  the  attachment  is  not  sued  out  for 
the  purpose  of  injuring  the  defendant. 

Sec.  5.  That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  16th,  1863. 

CHAPTER   LX. 

AN  ACT  to  raise  Revenue  by  Taxation. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  there 
shall  be  levied  and  collected,  for  the  use  of  the  State,  an  annual  tax,  as  pro- 
vided in  the  following  sections  of  this  act : 

Sec.  2.  A  tax  of  one-half  of  one  per  cent,  shall  be  levied  and  collected,  in 
kind,  on  all  specie,  treasury  notes  of  the  Confederate  States  of  America,  treasury 
warrants  of  the  State  of  Texas,  and  bank  notes,  held  or  owned  within  this  State ; 
and  all  foreign  bills  of  exchange  and  certificates  of  deposit,  and  otber  evidences 
of  money  being  deposited,  or  credited,  beyond  the  limits  of  this  State,  owned 
by  persons  residing  therein,  shall  be  considered  as  specie,  and  thereon  shall  be 
levied  and  collected  a  tax  of  one  half  of  one  per  cent,  in  specie :  Provided, 
this  act  shall  not  be  construed  so  as  to  tax  a  deposit  at  any  place  now  in  pos- 
session of  the  public  enemy  of  the  Confederate  States  and  within  their  limits,  in 
case  such  deposit  was  made  prior  to  the  possession  of  such  place  by  the  public 
enemy. 

Sec.  3.  There  shall  be  levied  and  collected  of  each  free  male  person,  over 
the  age  of  twenty-one  yens,  resident  in  this  State,  idiots,  lunatics,  and  persons 
otherwise  non  compos  mentis  excepted,  a  poll  tax  of  one  dollar. 

Sec.  i.  Each  person,  or  firm,  engaged  in  the  sale  of  goods,  wares,  and  mer- 
chandize, except  distilled  spirits,  fermented  liquors,  and  wines,  shall  pay  a  tax 
of  fifty  cents  on  each  hundred  dollars,  proceeds  of  sales  of  such  articles,  pur- 
chased for  sale,  or  received  for  sale  as  agent  or  auctioneer,  by  such  person,  or 
firm ;  the  tax  on  sales  in  specie  to  be  paid  in  specie.  It  shall  be  the  duty  of 
each  Assessor  and  Collector,  once  in  every  three  months,  or  ottener,  to  call  on 
each  person,  or  firm,  so  occupied  or  engaged  in  his  county,  for  an  account  of  such 
sales  on  such  purchases  and  consignments,  to  be  made  under  oath,  which  account 
shaU  state  such  sales  as  were  made  for  paper  currency,  and  such  as  were  made 
for  specie.  Each  person,  or  firm,  when  so  called  on,  who  shall  fail  or  refuse  to 
furnish  the  Assessor  and  Collector  such  an  account  of  sales  made  during  the 
period  for  which  the  account  is  required,  shall  be  fined  in  any  sum  not  less  than 
one  hundred  dollars,  nor  more  than  five  thousand  dollars,  by  any  Court  of  com- 
petent jurisdiction  ;  and,  on  the  verdict  of  a  jury,  the  Court  may  add  imprison- 
ment in  the  county  jail  not  exceeding  six  months.  It  shall  be  the  duty  of  the 
Assessor  and  Collector,  whenever  he  shall  have  good  reason  to  believe  that  any 
person  has  been  guilty  of  violating  the  provisions  of  this  section,  to  make  com- 
plaint of  the  same  before  some  Magistrate,  and  to  have  such  person  bound  to 
appear  and  answer  before  the  District  Court.  Nothing  herein  contained  shall 
be  construed  so  as  to  require  tax  to  be  twice  paid  on  any  currency  or  money 
received  for  such  sales  ;  nor  shall  said  goods,  wares,  and  merchandize,  be  sub- 
ject to  the  ad  valorem  tax. 

Sec.  5.  There  shall  be  levied  ^nd  collected  of  each  person  pursuing  the  occu- 
pation of  hawker,  or  peddler  of  articles  not  produced  in  the  State,  an  annual 
direct  tax  of  fifty  dollars  in  each  county  wherein  he  may  persue  such  occupation  ; 
of  each  person,  or  firm,  keeping  a  billiard  table,  for  play  and  emolument,  an 
annual  direct  tax  of  one  hundred  dollars  for  each  table  so  kept ;  of  each  person, 
or  firm,  keeping  a  nine  or  ten  pin  alley,  an  annual  direct  tax  of  one  hundred 
dollars  for  each  alley  so  kept ;  of  each  person,  or  firm,  keeping  a  hotel  in  a 
town  having  over  five  hundred,  and  not  more  than  two  thousand  inhabitants, 
fifteen  dollars ;  in  a  town  having  over  two  thousand,  and  not  more  than  five 
thousand  inhabitants,  twenty  dollars,  and  in  a  town  having  more  than  five 
thousand  inhabitants,  thirty  dollars  ;  on  each  person,  cr  firm,  keeping  any  res- 


39 

taurant,  cook  shop,  or  eating  house,  for  pay  or  emolument,  fifteen  dollars ;  on 
each  person,  or  firm,  keeping  an  establishment  for  retailing  distilled  spirits, 
fermented  liquors,  and  wines,  all  or  of  any  such  articles,  twenty-five  dollars  ;  on 
each  person,  or  firm,  keeping  a  storage  warehouse,  ten  dollars  ;  on  each  person, 
or  firm,  engaged  in  re-pressing  cotton,  twenty-five  dollars ;  on  each  insurance 
company,  fifty  dollars;  on  each  person,  or  tinn.  keeping  a  livery  stable,  fifteen 
dollars ;  on  each  toll  bridge,  or  ferry,  kept  and  used  for  pay,  as  much  as  six 
months  in  a  year,  ten  dollars  ;  on  each  person  engaged  in  the  practice  of  dent- 
istry, for  pay  or  emolument,  ten  dollars  ;  on  each  person,  or  firm,  pursuing  the 
occupation  of  real  estate  broker,  ship  broker,  cotton  broker,  or  any  commission 
business,  for  each  establishment  therefor,  twenty  dollars  ;  on  each  person,  or 
firm,  engaged  in  the  business  of  underwriting,  ten  "dollars  ;  on  each  pawnbroker, 
forty  dollars ;  on  each  person  engaged  in  negro  trading,  for  each  negro  sold, 
fifty  dollars.  It  shall  be  the  duty  of  each  person,  or  firm,  proposing  to  engage 
in  the  occupation  of  hawker  or  peddler,  keeper  of  a  billiard  table,  keeper  of  a 
nine  or  ten  pin  alley,  keeper  of  a  cook  shop,  an  eating  house,  or  a  restaurant, 
keeper  of  a  race  track,  keeper  of  a  hotel,  an  auctioneer,  or  a  pawnbroker,  before 
entering  on  the  occupation,  as  proposed,  to  call  on  the  Assessor  and  Collector 
of  the  county  wherein  the  occupation  is  to  be  pursued,  and  pay  the  tax  as 
required,  aud  take  a  receipt  therefor,  stating  the  occupation  and  the  amount  of 
tax  paid,  and  file  it  with  the  Clerk  of  the  County  Court,  who  shall  thereon  issue 
to  such  person,  or  firm,  a  license  to  follow  such  occupation  for  the  time  for  which 
the  tax  shall  have  been  paid  :  Provided,  no  license  shall  be  issued  for  a  less  time 
than  three  months  ;  nor  shall  a  license  be  issued  to  any  person,  or  firm,  until  each 
interested  person  shall  have  taken  and  subscribed,  before  the  Clerk,  or  some 
Notary  Public,  an  oath  of  allegiance  to  the  Confederate  States  of  America.  It 
shall  be  the  further  duty  of  the  Clerk  to  keep  a  book,  in  which  he  shall  enter 
the  names  of  all  persons  obtaining  licenses,  with  the  amounts  of  taxes  paid,  and 
the  dates  of  the  licenses.  This  book  shall  be  open,  at  all  times,  for  inspection 
by  the  County  Court,  and  by  all  other  officers,  executive  or  judicial,  of  the 
county.  •  The  Clerk  shall  trausmit  to  the  Comptroller,  on  the  first  of  June  in 
each  year,  a  transcript  of  so  much  of  said  book  as  bhall  relate  to  the  licenses 
issued  within  the  year  next  preceding  such  date  :  which  transcript  shall  be 
authenticated  by  the  certificate  of  the  Chief  Justice,  under  his  official  seal. 
And  the  Clerk,  for  his  services  in  relation  to  such  hook  and  transcript,  shall  be 
entitled  to  a  fee  of  one  dollar  in  each  case,  to  be  paid  by  the  party  obtaining 
the  license. 

Sec.  0.  If  any  person,  or  firm,  shall  pursue  any  occupation,  for  which  a 
license  is  required,  as  aforesaid,  without  first  having  obtained  a  license,  each 
person  interested  as  a  party  in  pursuing  such  business.  Bhall  be  guilty  of  a 
misdemeanor  ;  and  any  such  offender,  on  conviction,  shall  be  fined  not  less  than 
double  the  amount  of  the  tax  for  such  occupation,  nor  more  than  five  times  the 
amount  of  such  lav.  and  may  be  imprisoned  not  exceeding  thirty  'lays.  In  ease 
the  prosecution  shall  have  been  instituted  by  an  informer,  the  Court  shall  award 
to  him  one-half  of  the  fine,  to  be  paid  to  bim  when  collected  :  and.  with  such 
exception,  any  such  line  shall  he  paid  to  the 
accounted  for  as  other  taxes  collected  by  him. 

7.    If  any  person  shall  be  engaged  in  any  business  requiring  a  license, 
as  aforesaid,  without  having  first  obtained  a  lici  use  therefor,  he  shall  be  [] 
to  arrest  of  hi-  i/.ure  of  his  goods,  and  search  of  his  premises,  in  the 

following  manner:    On  affidavit  of  any  respectable  person,  showing  certainly, 
or  probable  cause  for  believing,  that  a  particular  person  lias  committed  - 
such  specific  offense  within  the  county  wh<  •  any 

District  Judge,  or  Justice  of  the  Peace,  laving  jurisdiction  tier.  NM  a 

warrant  for  arresting  the  e  or  another  affi- 

davit of  a  respectable  person,  Bbowing  certainty,  or  probabl 
that  the  person  so  accused  will  remove  i  my  ol  his  property  for  the 

purpose  of  evading  the  payment  of  a  fine,  the  Judge  or  Justice  of  the  l'eai  a 
warrant,  may  authorize  the  seizure  of  so  much  of  tic  property  of  the 


40 

accused  as  may  be  necessary  to  secure  payment  of  the  highest  fine  allowed  by- 
law ;  and,  on  the  same  or  another  affidavit  of  a  respectable  person,  showing 
certainty,  or  probable  cause  for  believing,  that  property  of  the  accused  person, 
liable  to  such  seizure,  may  be  secreted  or  otherwise  secured  in  any  house,  or 
other  enclosure,  described  in  the  affidavit,  the  Judge  or  Justice  of  the  Peace, 
by  warrant,  may  authorize  a  search  of  said  premises,  for  the  purpose  of  such 
seizure.  On  the  return  of  such  warrant  for  arrest,  executed  by  any  officer 
authorized  to  execute  such  process,  the  accused  person,  as  required  by  the 
warrant,  shall  be  brought  before  some  Judge  or  Justice  of  the  Peace,  having 
jurisdiction,  for  commitment  in  such  case  ;  and  such  tribunal,  on  examination  of 
the  case,  shall  discharge,  bind,  or  commit,  the  accused  person,  as  the  evidence 
may  justify  ;  and,  if  the  warrant  for  seizure  of  goods  be  legally  executed,  the 
seized  articles  shall  be  accounted  for,  so  as  to  satisfy  the  tribunal,  and,  if  the 
accused  should  be  discharged,  his  goods  shall  be  delivered  to  him  ;  but 
otherwise  the  goods  shall  be  in  the  keeping  of  such  person  as  the  tribunal  may 
designate,  to  secure  payment  of  a  fine,  if  imposed:  Provided,  the  property  shall 
be  subject  to  be  replevied,  as  in  ordinary  cases  of  sequestration.  And  such 
process  may  be  executed  by  the  Assessor  and  Collector,  or  the  Sheriff,  or  the 
Coroner,  or  a  Constable. 

Sec.  8.  Any  tax  on  property,  as  prescribed  by  law,  when  the  property  shall 
have  been  asssessed,  shall  be  a  lien  thereon  for  payment  of  the  tax  ;  and  the 
lien  shall  continue,  with  liability  for  its  enforcement,  until  the  property  shall 
have  been  relieved  therefrom  by  legal  payment  or  relinquishment  of  the  tax. 

Sec.  9.  All  laws  that  are  incompatible  with  this  law  are  repealed  ;  but  it 
shall  not  be  construed  as  repealing  the  existing  laws  authorizing  County  Courts 
to  levy  and  collect  taxes. 

Sec.  10.    This  act  shall  be  in  force  from  its  passage. 

Approved  December  16th,  1863. 


CHAPTER  LXI. 

AN  ACT  making  appropriations  for  the  use  and  support  of  the 
State  Government  for  the  years  1864  and  1865. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  He 
following  sums  be  and  they  are  hereby  appropriated  for  the  use  and  support 
of  the  State  Government  for  the  years  1864  and  1865,  to  be  paid  in  Confederate 
Treasury  notes : 

EXECUTIVE   DEPARTMENT. 

Salary  of  Governor per  annum,  $3,000  $6,000 

Salary  of  Private  Secretary, per  annum,     1,200  2,400 

Contingent  expenses, per  annum,     2,000 4,000 

Recovering  fugitives  from  justice, per  annum,     6,000  12,000 

Publishing  proclamations, »per  annum,     5,000 10,000 

Stationery, per  annum,     1,000  2,000 

Postage, per  annum,       750 1,500 

Furnishing  Governor's  mansion, per  annum,    2,000  4,000 

For  repairs  of  premises  on  which  the  Governor's  mansion  is  situated, . . .  2,000 

DEPARTMENT   OF   STATE. 

Salary  of  .Secretary  of  State, per  annum,     1,800  3,600 

Salary  of  Chief  Clerk, per  annum,     1,400 2,800 

Printing, per  annum,        600 1,200 

Porter  hire  and  wood, per  annum,       500  1,000 

Contingent  expenses, per  annum,       300 600 

Stationery  and  books, per  annum,       500 1,000 

Postage, per  annum,       500  1,000 

Assistant  Clerk,   per  annum,     1,000  2,000 

Distributing  Laws  and  Journals  of  Tenth  Legislature, 5,000 


41 

Printing  Laws  and  Journals  of  Tenth  Legislature, $12 .000 

Printing  Biennial  Reports, 8.000 

For  purchase  of  fire-wood,  lighting  material,  stationery,  and  fitting  up 
the  Capitol  for  the  next  Legislature,  taking  care  of  the  Capitol,  for 
repairing  and  taking  care  of  the  furniture,  and  for  taking  care  ol 
Capitol  Bquare  and  out-buildings, 5.000 

COMPTROLLER'S    DEPARTMENT. 

Salary  of  Comptroller, per  annum.     1.800   3,CO0 

Salary  of  Chief  Clerk, per  annum.     1.400   2,800 

Salary  of  Tax  Clerk, per  annum.     1  200   2,400 

Salary  of  Civil  Accountant, per  annum,     1 .200    

Salary  of  Military  Accountant per  annum.     1.200   

Salary  of  four  Assistant  Clerks. per  annum.     3,600   

Contingent  expenses, per  annum,       400  

Books  and  stationery, per  annum,     l.ilOO  3,200 

Printing. per  annum.     1,500   3,000 

Postage. per  annum,       500   1 ,000 

Blank  assessment  rolls per  annum,     1.000  2,000 

Fire-wood  for  Treasury  building, per  annum,     1.000  2,000 

Porter  hire per  annum,       900   

For  the  services  of  a  Clerk  to  the  Board  on  Funding  Treasurv  Warrants, 

from  the  20th  of  October.  1862,  to  the  20th  of  February.  1863 300 

Deficiency  for  last  year,  viz  : 

Fire-wood  for  Treasury  building, 

D.  Richardson,  for  printing, 

Military  Board,  for  stationery, 4,441 

treasurer's  office. 

Salary  of  Treasurer per  annum.     1 .800  3,600 

Salary  of  Chief  Clerk. per  annum.     1,200   2,  100 

Contingent  expenses, per  annum,        200   400 

Stationery,  postage,  and  printing, per  annum,        130  000 

GENERAL    LAND    OFFICE. 

Salary  of  Commissioner, per  annum,  2.000  4,000 

Salary  of  Chief  Clerk, per  annum,  1,400  2,800 

Salary  of  Receiver, per  annum,  1,200  2,400 

Salary  of  Translator, per  annum.  1.200  

Salary  of  File  and  Application  Clerk, per  annum,  1.200  2,400 

Salary  of  Registering  Clerk. per  annum,  1.200  2.400 

Salary  of  ten  Assistant  Clerks,  each, per  annum,  000  18,000 

Salary  of  Chief  Draughtsman, per  annum,  1200  2,400 

Salary  of  three  Assistant  Draughtsmen,  each,  per  annum,  1.100  6,800 

Salary  of  six  2d  Ass't  Draughtsmen,  each, . .  per  annum,  1.000  12,000 

Stationery per  annum,  1.000  2,000 

Contingent  expenses, per  annum,  400  

Postage per  annum.  800  1,600 

Fire-wood, per  annum.  1 ,200  

Printing, per  annum.  300  600 

Porter  hire « per  annum,  .'00  1 ,800 

Deficiency  for  wood  for  Land  Office,  1863. •  '  ' 

ADJUTANT    GENERAL'S    OF!  :■ 

Salary  of  Adjutant  General per  annum,     2,000   4,000 

Salary  of  Assistant  Quartermaster  General.   .   per  annum,  1.200  ......  2,400 

Four  Clerks;  each, per  annum.        900  7,300 

Books  and  stationery, rer  annum,     2,000  4,000 

Porter  hire  and  wood, per  annum,     1.00Q  

Postage.   per  annum,  ,r>00   .  I.ihki 

Printing, per  annuir  4,000 

Contingent   expenses I' cr  annum.  1,000 

Outstanding:                 ,md  unpaid,  for  the  yet  r  printing,  1,600 


42 

JUDICIARY — SUPREME   COURT. 

Salary  of  three  Judges,  each per  annum,     3.000  $18,000 

Contingent  expenses  of  the  Supreme  Court, .   per  annnm,     3,000   6,000 

Pay  of  Sheriffs, per  aDnum,       609   '  1,218 

Porter  hire per  annum,        300  600 

Publishing  Reports, per  annum,    7,000 14,000 

Clerks'  fees  in  felony  cases, '. per  annum,        150 300 

Salary  of  Librarian,  at  Galveston,  for  1862, 309 

DISTRICT  C0URT3. 

Salary  of  twenty  Judges,  each, per  annum,     2,250  90,000 

Salary  of  twenty  District  Attorneys,  each,.  .   per  annum,       500   20,000 

Costs  due  Clerks,  Sheriffs  and  District  Attorneys,  per  au.,    5,000  10,000 

ATTORNEY   GENERAL'S   OFFICE. 

Salary  of  Attorney  General,. per  annum,     1,800  3,600 

Contingent  fund, per  annum,        100  200 

Fees  in  felony  cases, . per  annum,        250  500 

PENSIONS. 

Cynthia  Ann  Parker, per  annum,        100  200 

Allsbury,  Juana  Navarro, per  annum,        100  200 

Anderson,  W.  H., per  annum,        100   200 

Barnett,  Thomas. per  annum,       100  200 

Cole,  David, per  annum,        100  200 

Day,  James  M., per  annum,        100  200 

Davis,  Rolla  M., per  annum,        100  200 

Field,  Joseph  E., per  annum,       200  400 

Nichols,  James  W., per  annum,        100  200 

Norris,  Thomas, per  annum,        100   200 

Smith,  H.  M., per  annum,       250  500 

Shepperd,  Charles, per  annum,        125  250 

Tbacker,  J.  B., per  annum,        100  200 

Webb,  David, per  annum,        100  200 

Stump,  John  S., per  annum,       200  400 

Cooper,  Dillard, per  annum,       200  400 

PENITENTIARY. 

Salary  of  Superintendent, per  annum,     1,500  3,000 

Salary  of  Financial  Agent, per  annum,     1,500  3,000 

Salary  of  three  Directors,  each, per  annum,       250  1,500 

Salary  of  Chaplain, per  annum,       250  500 

Salary  of  Physician, per  annum,       50»   1,000 

Stationery,  postage,  and  printing, per  annum,        300  600 

Transportation  of  convicts, 15,000 

ASYLUMS. 

Support  of  Lunatic  Asylum, per  annum,  50,000   100,000 

Support  of  Deaf  and  Dumb  Asylum, per  annum,  34,000   68,000 

Support  of  Blind  Asylum, per  annum,  16.000   32,000 

MISCELLANEOUS. 

Slaves  executed per  annum,    4,000  8.000 

Scholastic  for  1864  and  1SG5,  (interest  on  School  Fund.).  „ 11,000 

For  support  of  Militia,  embracing  subsistence,  expenses  already  accrued, 

transportation,  pay,  &c,  &c, 80,000 

For  the  Alabama,  Coshattee  and  Muscogee  Indians,  per  an.,  1,000   ......  2,000 

For  defense  of  the  State,  in  case  of  necessity,  subject  to  the  disposition 

of  the  Governor, 2;000,000 

.STATE   ARMORY. 

For  the  State  Armory, per  annum,    7.000   14,000 

Store  house,  (guard,  &c.,) per  annum,     9,800   19,600 

For  two  Librarians, per  annum,        600   1,200 

To  pay  John  C.  Glover,  Sheriff  of  Leon  county,  for  taking  a  lunatic  (B 
F.  Hardinett)  to  Lunatic  Asylum, '  ■ 


43 

To  pay  compensation  of  the  person,  or  persons,  employed  in  negotiations 
as  to  the  State  cotton  bonds,  embracing  the  sale  of  them  and  the  in- 
vestment of  proceeds,  to  be  paid  in  specie,  out  of  any  such  funds  in 
the  treasury  not  specifically  appropriated  to  another  purpose,  or  out 

of  the  proceeds  of  the  bonds $10,000 

Sec.  2.    That  this  act  take  effect  from  and  afttr  its  passage. 
Approved  December  16th,  1863. 

CHAPTER  LXII. 

AN  ACT  to  amend  an  ad  entitled  an  act  for  the  erection  and  support  of  a  Lvnatic 
Asylum,  approved  August  28th,  1S56,  and  an  act  entitled  an  act  to' provide  for 
the  organization  of  the  State  Lunatic  Asylum,  and  for  the  eare  and  maintenance 
of  the  Insane,  approved  July  bth  1S58. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas.  That  the 
Superintendent  of  the  Lunatic  Asylum  shall  make  report  quarterly,  to  the  Comp- 
troller, of  all  the  expenses  of  said  Asylum,  istead  of  the  semi-annual  report 
required  by  the  act  to  which  this  is  an  amendment,  to  be  made  to  the  Governor. 
The  Superintendant,  hereafter,  shall  make  annual  reports  to  the  Governor,  on 
the  first  of  October,  of  the  condition  of  the  Asylum  and  its  inmates. 

Sbc.  2.  That  the  eighth  section  of  said  act  be  so  amended  as  hereafter  to 
read  as  follows  : 

If  information  in  writing  be  given  to  any  Chief  Justice  of  a  county,  that  any 
person  in  his  county  is  an  idiot,  or  lunatic,  or  non  compos  mentis,  and  that  the 
welfare  of  himself,  or  of  others,  require  that  he  be  placed  under  restraint,  and 
said  Chief  Justice  i-hall  believe  such  information  to  be  true,  be  fhall  order 
such  person  to  be  brought  before  him.  and  twelve  competent  jurors  of  the 
county  to  be  summoned,  who  shall  be  sworn  to  inquire  and  a  true  verdict 
render,  whether  said  person  is  of  sound  mind  or  not ;  whereupon  the  matter 
shall  be  tried,  and  if  the  jury  shall  return  a  verdict  that  the  person  is  not  of 
sound  mind,  and  that  he  should  be  placed  under  restraint,  the  same  shall  be 
recorded,  and  the  Chief  Justice  shall  thereupon  order  him  to  be  sent  to  the 
Lunatic  Asylum.  Upon  the  trial  and  inquiry  herein  provided  for,  the  exam- 
ination of  the  insane,  and  the  testimony  of  the  witnesses,  shall  be  reduce.:l  to 
writing  and  Bled.  The  proceedings  of  the  Chief  Justice,  in  relation  to  insane 
persons,  shall  be  minuted  in  the  records  of  his  court  appertaining  to  estates  of 
deceased  peiBons. 

Sf.<  .   3.    That  the  tenth  sectionof  said  act  be  so  amend'  fter  to  read 

as  follows : 

Ecfoie  sending  a  patient  to  the  Asylum,  the  Chief  Justice  shall,  without  delay, 
cause  authenticated  copies  to  be  made  of  the  pr  evidence  and  c! 

ot  the  original  inquisition,  and  of  the  record  of  all  subsequent  Inquisitions  and 
orders,  to  be  forwarded,  by  mail,  to  the  Superintendent  of  the  Lunatic  Asylum  : 
and  in  all  cases,  shall,  before  sending  said  |  i  from  the  Superin- 

tendent, by  application  in  writing,  that  there  is  a  vacancy,  and  to  il  the  "I1 
of  the  Asylum  cannot  send  for  him.    Thereupon,  the  Chief  Justice  shall  i 
his  warrant  to  the  Sheriff,  or  other  suitable  individual,  ordering  him  to  convey 
said  person  to  the  Asylum  without,  delay  ;  and   when 

for  assistants,  he  shall  prescribe,  in  such  warrant,  the  number  to  he  allowed, 
which  shall,  in  no  c.i  Itwoj  and  he  shall  see  that  the  patient  Is  ] 

with  two  good  and  full  suits  of  sumtn  oJ  winter  clothu 

Sec.  4.     That  the  eleventh  section  ol  fter  to 

read  as  follows  : 

If  any  person  charged  with,  or  i  f,  any  criminal   i  •  found 

to  be  insane,  in  the  court  before  which  he  OUTt 

■hall  order  him  to  be  conveyed  to,  and  retained  in.  the  State  I.  lum  ; 

and  he  shall  be  received  and  retained  until  removed  by  order  ol  the  court;  oi 
of  the  Judge  thereof,  by  which  ho  was  committed 


44 

the  person  so  committed  to  the  Asylum,  may  be  removed  to  the  custody  of  the 
Sheriff  of  the  county  in  which  he  is  charged  or  convicted  as  aforesaid,  by  the 
order  of  any  Judge  of  the  District  Court,  or  discharged  upon  the  order  of  a 
Judge  authorized  to  issue  the  writ  of  Habeas  Corpus,  as  in  other  cases  authorized 
by  law. 

Sec.  5.  That  the  eighteenth  section  of  said  act  be  so  amended  as"hereafter 
to  read  as  follows  : 

The  expenses  of  removing  to,  and  from  the  Asylum,  clothing  and  mainten- 
ance therein,  of  every  person  received  upon  the  order  of  any  Chief  Justice, 
shall  be  paid  by  the  Treasurer  of  the  county,  when,  and  as  they  become  due 
and  payable.  And  the  County  Court  shall  have  the  right  to  require  every 
individual  legally  liable  for  the  support  of  such  patient,  to  reimburse  the 
amount  so  paid,  with  interest  from  the  time  of  paying  the  same. 

Sec.  6.  That  the  twenty-second  section  of  said  act  be  so  amended  as  here- 
after to  read  as  follows  : 

The  officer  complying  with  the  order  of  the  court,  or  the  Superintendent,  in 
carrying  a  patient  to  the  Asylum,  shall  be  paid  at  the  rate  of  ten  cents  per 
mile  for  himself,  and  eachgua'rd,  (authorized  by  the  court.)  going  and  returning, 
besides  tolls  and  ferriages,  and  the  same  for  the  patient  going.  The  compensation 
for  returning  fugitives  to  be  paid  out  of  the  Treasury  of  the  Asylum,  upon 
proper  vouchers,  and  for  all  others,  out  of  the,County  Treasury,  as  provided  by 
the  fifth  section  of  this  act. 

Sec.  2.  Be  it  further  enacted  that  this  act  take  effect  from  and  after  its  passage. 

Approved  December  lGth,  1863. 

LXIII. 

AN  ACT  to  provide  for  the  Defense  of  the  State. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Governor  of  the  State  is  hereby  empowered  to  continue  in  the  service  of  the 
State,  the  State  Militia  now  in  the  field,  for  the  term  of  six  months  after  their 
present  term  of  service  expires.  He  is  hereby  further  empowered,  to  order 
into  the  same  service,  the  Militia  now  remaining  at  home.  These  powers  are  to 
be  exercised  when  he  shall  deem  the  said  Militia  necessary  to  enforce  the  laws, 
suppress  insurrections  or  to  repel  invasion,  and  are  subject  to  the  restrictions 
hereinafter  expressed. 

Sec.  2.  The  Governor  shall  order  all  the  Militia,  not  now  in  the  field,  to  be 
enrolled,  and  without  loss  of  time  after  such  enrollment,  the  men  so  enrolled, 
shall  proceed  to,  and  become  members  of,  the  companies,  battalions  and  regi- 
ments raised  in  their  several  counties  and  brigade  districts.  Such  enrollment 
shall  be  made  within  one  month  preceding  the  expiration  of  the  term  of  service 
of  the  Militia  now  in  the  field,  and  in  time  to  allow  those  enrolled  to  join  their 
companies  before  the  expiration  of  said  term  of  service. 

Sec.  3.  When  the  time  shall  have  arrived  for  the  term  of  service  of  the 
Militia  now  in  the  field  to  expire,  there  shall  be  a  reorganization  of  the  Militia, 
by  the  election  of  company  and  field  officers.  At  said  election,  all  those  shall 
be  allowed  to  vote  who  are  now  in  the  field,  and  also  those  who  shall  have 
joined  their  companies  prior  to  such  reorganization. 

Sec.  4.  The  whole  number  of  Militia,  except  the  commissioned  officers,  thus 
organized,  shall  be  divided  into  three  classes,  to  be  called  the  First  Class,  the 
Second  Class,  and  the  Third  Class.  The  third,  class  shall  be  composed  of  those 
who  are  not  now  in  the  field,  and  who  shall  be  ordered  there  under  the  provi- 
sions of  this  law.  The  commanding  officers  of  brigades,  unattached  companies, 
battalions  and  regiments,  shall  divide  the  Militia  now  in  the  field,  into  two 
classes,  in  the  following  manner  :  There  shall  be  put  in  a  hat,  for  each  company 
now  in  the  field,  as  many  tickets  as  there  are  private  soldiers  in  such  company. 
One-half  of  these  tickets  shall  be  numbered  one,  and  one-half  shall  be  numbered 
two.    The  roll  shall  be  called,  and  each  man,  as  his  name  is  called,  shall  draw 


45 

out  a  ticket.     Those  drawing  a  ticket  marked  one,  shall   be  of  the  first   i 
and  those  drawing  a  ticket  mark(  the  second  class.    Should 

any  man  be  absent,  then  the  officer  in  command  of  such  company,  shall  draw 
for  him.  This  classification  shall  be  male  at  the  lame  1 1  the  reorganization,  as 
ordered  in  suction  three  of  this  act.  The  non-commissioned  officers  Bhall,  at  the 
same  time,  and  in  the  same  manner,  be  classified,  but  skall  draw  eoparatelj 
from  the  private  soldiers.  But  persons  in  the  Militia  liable  in  Bervice  in  the 
army  of  the  Confederate  States,  shall  not  I  '.  or  tin].  here- 

inafter provided. 

6.  Such  reorganization  i  nd  claesifi  latii  n  beii  a  i  ■  ■■■  | 

the  first  clas3  shall  be  furloughed  for  the  term  of  three  months,  at  the  i 
of  which,  they  shall  return  to  their  respective  companies,  and  at  that  tin. 
those  of  the  second  class  shall  be  furlonghed   for  a  like  time,  bi 
the  third  class.    Commanders  of  brigades  shall  devise  a  93  -t  >va  of  leaves  of 
absence  for  commissioned  officers,  ia   such  manner  as  to  pant   them,   without 
detriment  to  the  country,  i  time  to  visit  their  families  and  attend  to 

-ary  busiD 
Sec.  6.    If  any  person  not  now  in  the  Militia  in  the  field,  but  liable,  under  this 
act,  to  be  called  into  service,  sh  ■  d  into  service,  an  1  sh  ill  fail,  wit] 

reasonable  excuse,  to  join  his  company  or  regiment,  as  herein  r.  ijuired,  he  shall 
be  deemed  guilty  of  desertion,  and  may  be  proceeded  against,  tried  and 
punished  according  to  the  articles  of  war  and  regulations  for  the  aimy  of  the 
Confederate  States. 

7.  The  Militia  of  this  State,  organized  according  to  the  pro\isionsof 
this  act,  and  under  the  immediate  command  of  officers  appointed  by  Hie 
Governor,  may  by  him  be  put  under  the  orders  of  the  commander  of  the  army 
of  the  Confederate  States  in  the  District  of  Texas,  the  Confederate  Si 
paying,  subsisting  and  clothing  the  said  Militia  as  Confederate  troops 
Militia  shall  not  be  sworn  into  the  service  of  the  Confederate  States,  but  shall 
always  remain  liable  to  the  ultimate  control  of  the  Governor,  if  he  derm  it 
proper  at  any  time  to  exercise  such  control ;  aud  they  may.  at  any  time,  by 
him  be  withdrawn  or  disbanded. 

Sec.  8.    In  all  cases  when  the  Militia  of  this  State  shall  be  in  the  field  under 
an  order  from  the  Governor,  or  act  of  the  Legislature,  an1  the  Confederate 
States  shall  refuse  to  grant  them  pay.  subsistence  and  allowances  as  to  Confed> 
troops,  then  the  Militia  shall  have  pay,  sul^istence  and  allowan _■•  •--.  t] 
allowed  to  Confederate  troops,  to  be  furnished  by  this  State. 

Sec.  9.  Should  the  Governor  disband  the  Militia,  the  said  classification  and 
organization  shall  not  be  destroyed.  In  that  case  the  Militia  shall  bi 
force,  to  be  again  called  out  should  occasion  require,  and  such  call  shall  be 
made  upon  the  two  classes  whose  turn  it  is  to  be  in  the  field,  it  being  the  object 
of  this  act  to  retain  always  at  home,  one-third  of  the  Militia  of  the  State,  and 
to  keep  two-thirds  of  the  Militia  in  active  service  during  the  present  war. 
whenever  there  shall  be  necessity  of  such  service. 

Sec.  10.  No  person  who  has  a  substitute  in  the  Militia  now  in  the  field,  and 
who,  if  he  had  not  such  substitute,  would  be  liable  to  Militia  duty,  shall 
because  of  such  having  furnished  a  substitute,  be  deemed  exempt  from  Militia 
duty,  alter  the  expiration  of  the  present  term  of  service  of  the  Militia  now  it) 
the  field  ;  but  such  person  shall  belong  (o  the  first  or  second  class  of  Militia,  as 
shall  be  determined  by  lot.  and  when  the  lots  are  drawn,  i  in  section 

three,  he  shall   draw  with  the   rest,  if  he  be  present,  and  it  not.  the  officer  in 
com  mand  of  the  company  shall   draw  for  him,  and   the  substitute,  if  lial 
Militia  duty,  shall  belong  to  the  third  i 

Any  person  belonging  'o  either  of  the  classes  may,  with  the   consent  of 
commanding  officer  of  his  company,  exchaa  I  lent 

class  in  the  same  company. 

Sec.  11.  This  Act  shall  I  !rom  and  after  it«  passage,  and  shall  r> : 

in   force  nntil   the  termination   ><i  the   p* 
States  and  tho  Uniled  E 

Approved  December  16th 


46 

CHAPTER  LXIV. 

AN  ACT  to  amend  the  second,  third  and  seventh  sections  of  and  supplemental  to 

an  "  Act  to  perfect  the  organization  of  State  Troops,  and  place  the  same  on  a  uxir 
footing,"  approved  December  25th,  1861,  and  to  repeal  "  An  Act  to  amend  the  2d 

section  of  and  supplemental  to  an  Act  to  pefect  the  organization  of  the  State 

Troops,  and  place  the  same  on  a  zcar  footing,"  approved  December  25th,  1861," 

passed  March  7th,  1863. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
second  section  of  the  act  recited  above,  shall  hereafter  ivad  as  follows  :  All 
officers,  State  and  County,  of  the  State  of  Texas,  except  Justices  of  the  Peace, 
County  Commissioners,  Coroners,  County  Surveyors,  Constables  and  Notaries 
Public;  and  all  officers  of  the  Confederate  States,  except  Postmasters,  Deputy 
Marshals  and  Deputy  Receivers  ;  Officers'  Clerks,  Directory  and  Guards  of  the 
Penitentiary,  Superintendents  and  Teachers  in  the  Deaf  and  Dumb,  Blind  and 
Lunatic  Asylums  ;  in  schools  and  academies,  not  more  than  one  teacher  for 
every  twenty  scholars  actually  attending  school  ;  one  Captain,  two  Pilot?, 
and  two  Engineers  to  each  steamboat  actually  employed  in  the  service  of  the 
State  or  the  Confederate  States  ;  Telegraph  operators  actually  engaged  as  such  ; 
Presidents'  Secretaries  and  Superintendents,  Engineers,  Conductors  and  Rail 
Road  Masters  of  Rail  Roads  ;  the  Reporter  of  the  Decisions  of  the  Supreme 
Court ;  original  Mail  Contractors  and  one  stage  driver  for  every  twenty  miles 
on  every  regular  mail  stage  route  ;  Mechanics  actually  engaged  in  the  manu- 
facture of  spinning  jinnies  or  cotton  cards  ;  such  Millers  to  each  steam  or  water 
mill  that  grinds  for  the  public  ;  and  as  many  Engineers  for  each  steam  mill  in 
actual  operation,  as  may  be  adjudged  necessary  by  the  Enrolling  officer  ;  one 
Miller,  engaged  in  person,  for  every  ox  or  horse  mill,  grinding  for  the  public, 
capable  of  grinding  thirty-five  bushels  per  day  ;  one  Carder  for  every  one 
carding  machine  engaged  in  carding  for  (he  public ;  one  machinist  for  each 
turning  lathe  used  for  boring  or  dressing  iron  ;  one  tanner  for  each  tannery 
turning  off  one  thousand  sides  of  leather  per  annum  ;  such  Machinists  to  "keep 
up  the  mechanical  department  of  all  regular  foundries  working  for  the  public, 
as  may  be  deemed  necessary  by  the  Enrolling  Officers  ;  all  regular  Blacksmiths 
working  in  person  fer  the  public  ;  all  persons  engaged  in  the  manufacture  of 
salt  for  sale  to  the  public,  not  exceeding  one  person  for  every  twenty  bushels 
made  per  day  ;  and  such  persons  engaged  in  the  manufacture  of  arms,  powder, 
sulphur,  and  saltpetre  as  the  Governor  may  deem  necessary  ;  and  persons  hav- 
ing substitutes  in  the  army  of  the  Confederate  States,  who  were  exempt  from 
military  service  to  the  State,  shall  be  exempt  from  military  duty  to  the  State  of 
Texas  ;  Provided,  That  no  person  liable  to  military  service  under  the  provisions 
of  this  act,  shall  hereafter  be  allowed  to  furnish  a  substitute  and  thereby  be 
exempted  from  duty  ;  and  provided  further,  that  the  exemption  of  millers,  black- 
smiths and  other  mechanics,  working  for  the  public,  shall  only  extend  so  long 
as  they  work  or  sell  the  proceeds  of  their  labor  at  a  cost  of  not  more  than  fifty 
per  cent,  over  and  above  the  original  cost  of  the  same  ;  and  it  is  hereby  made 
the  duty  of  all  persons  charged  with  the  duty  of  enrolling  the  militia,  to 
diligently  inquire  into  the  provision  of  this  proviso,  and  to  see  that  all  persons 
offending  against  the  same  are  enrolled  and  placed  in  the  service  ;  and  provided, 
that  such  respectable  physicians,  as  the  County  Court  may  certify,  are  absolutely 
necessary  for  the  wants  of  the  county,  such  certificate  of  exemption  to  be 
approved  by  the  Brigadier  General  of  the  District ;  and  the  Aids  de  Camp  of 
the  Governor,  provided  for  by  the  act  to  which  this  is  supplementary,  are  also 
to  be  exempt  from  military  duty. 

Sec.  2.  That  the  third  section  of  the  act  to  which  this  is  supplementary, 
shall  hereafter  read  as  follows  :  The  whole  of  this  State  shall  be  divided  by 
the  Governor  into  six  Military  Brigades. 

Sec.  3.  That  the  seventh  section  of  the  act  to  which  this  is  supplementary, 
shall  hereafter  read  as  follows  :  There  shall  be  appointed,  by  the  Governor, 
one  Major  General  for  this  State,  one  Brigadier  General  for  each  Brigade  District 


47 

herein  provided  for,  and  such  general  officers,  to  hold  their  respective  offices 
for  four  years,  unless  sooner  removed  by  the  sentence  of  a  Court  Martial.  as 
provided  by  the  25th  section  of  this  act.  and  Bhall  be  entitled  to  receive  the 
;-.ime  pay  as  officers  of  like  grade  in  the  Confederate  States  army,  when  on  duty, 
acting  nnder  orders  from  the  Governor.  They  shall  also  be  entitled  to  the  same 
Btaflf  officers,  with  the  sam  i  p  iy  as  such  stall"  officers,  with  officers  of  like  g 
in  the  Confederate  army  ;  but  no  pay  to  be  allowed  such  staff  officers,  01  any 
one  of  them,  unless  when  on  actual  duty  under  orders  approved  by  the  Governor. 
Whenever  the  Governor  deems  it  necessary,  he  shall  order  any  one  or  more  of 
said  general  officers  to  take  command  ol  the  State  Militia  now  in  the  field  01 
that  imiy  hereafter  be  called  to  the  field,  or  to  such  other  duty  as  he  may  think 
proper  tor  the  necessary  military  organization  and  defence  of  the  State.  The 
Governor  shall  also  appoint  surgeons  and  assistant  surgeons  to  the  militia  onw 
in  the  field,  or  that  may  at  any  time  hereafter  be  called  into  service. 

c.  4.  That  whenever,  in  the  opinion  of  the  Governor,  the  interest  of  the 
State  demands  that  the  militia  of  the  State,  or  any  portion  thereof,  should  be 
called  into  service  to  repel  invasion,  suppress  insurrection  or  rebellion,  or 
whenever  the  militia  of  the  State  shall  be  called  into  active  service  by  the 
President  of  the  Confederate  States  in  pursuance  of  law,  to  execute  the  laws  of 
the  Confederate  States  within  this  State,  or  to  suppress  insnrrectionor  rebellion 
therein,  or  to  repel  an  invasion  thereof,  the  Governor  shall,  by  proclamation, 
order  into  camps  a  sufficient  number  of  troops  to  repel  such  invasion,  rebellion, 
or  insurrection,  or  to  fill  the  requisition  for  State  Militia  made  upon  him  by  the 
President  of  the  Confederate  Slates,  in  pursuance  of  law,  in  the  following 
manner,  to-wit  :  He  shall  order  the  Brigadier  General,  of  such  Brigade- 
him  may  seem  proper,  to  cause  each  Captaiu  within  his  Brigade  to  muster  his 
company  on  any  designated  day,  andcause  the  name  of  each  commissioned 
officer,  non-commissioned  officer  and  private  to  be  placed  in  a  hat  or  box,  and 
the  proportion  of  said  company  which  may  be  ordered  by  the  Brigadier  General, 
under  the  authority  of  the  Governor,  shall  be  drawn  by  the  Captain,  or  any 
person  he  may  designate,  from  the  hat  or  box  :  and  such  persons  as  are  drawn 
shall  immediately  repair  to  the  camp  designated  by  the  Governor  or  Brigadier 
General. 

Sec.  5.  That  it  shall  be  the  duty  of  the  Brigadier  General  to  proceed  imme 
diately  to  cause  the  militia  drawn  into  service  within  his  Brigade,  to  be 
organized  into  companies  of  not  less  than  sixty-four  rank  and  file,  and  to  be 
officered  in  accordance  with  the  laws  of  the  State  ;  the  militia  called  out  by  the 
Governor,  and  officered  as  aforesaid,  to  repel  an  invasion  of  the  State,  or  to 
repress  insurrection  orrebellion  therein,  shall  remain  in  the  service  of  the 
until  discharged  by  the  Governor,  or  by  his  authority,  or  the  militia  so  called  out, 
may  be  placed  under  the  orders  of  the  commanding  general  of  the  Confederate 
forces  in  this  State,  for  such  length  of  time,  not  to  exceed  twelve  months,  as  the 
Governor  may  deem  proper  ;  Provided,  That  before  placing  the  militia  under 
orders  of  the  commanding  general,  as  aforesaid,  the  Governor  shall  have  the 
same  organized  into  battalions  and  regiments  :  and,  if  the  number  is  sufficient, 
into  a  brigade  or  brigades  :  and  the  Governor  is  hereby  authorized  to  assign  to 
the  command  of  such  brigade,  or  brigades,  any  one  or  more  of  the  Brigadier 
Generals  of  the  State  :  and  provided  further.  That  the  State  militia  shall  not, 
by  any  commander,  be  carried  beyond  the  limits  of  this  State,  without  their 
voluntary  consent. 

Sec.  6.     That  thcBrigadier  Generals  provided  for  in  this  act,  when  com:- 
ed  by  the  Governor,  shall  supercede  (he  Brigadier  Generals  appointed  or  elected 
under  the  provisions  of  the  act  to  which  this  is  supplementary  :  and  all  officers 
elected  or  appointed  under  said  act  of  25th  of  December.  l8ol,  who  are  not 
exempt  under  the  provisions  of  this  act,  and  who  are  within  militia  age 
be  subject  to  militia  duty. 

Btc  7.  That  it  is  hereby  made  the  duty  of  the  Brigadier  General,  so  soon  as 
he  shall  receive  an  order  from  the  Governor  to  call  out  any  portion  of  the 
militia,  under  this  act.  to  appoint  three  physician",  of  good  standing,  in  each 


48 

county  in  his  brigade,  whose  duty  it  shall  be,  on  a  day  to  be  named  by  them,  of 
which  notice  shall  be  given,  to  attend  at  the  Court-house  of  their  respective 
counties  for  the  purpose  of  examining  all  applicants  for  discharges  on  account  of 
physical  disability,  which  examination  shall  take  place  at  least  five  days  before 
the  day  of  draft.  The  said  physicians,  or  a  majority  of  them,  shall,  after  a 
critical  personal  examination,  determine  whether  the  applicant  be  unable  to 
perform  the  duties  of  a  soldier  in  the  field,  and  if  so,  they  shall  give  the  person 
so  determined  to  be  unable  to  perform  military  duly,  a  certificate  setting  forth 
the  character  of  his  disability  in  full,  and  upon  the  presentation  of  such  certi- 
ficate to  the  Enrolling  Officer  of  said  county,  he  shall  erase  the  name  of  the  party 
from  his  roll.  The  physicians,  for  said  service,  shall  receive  five  dollars  per 
day,  each,  for  the  time  actually  employed,  to  be  paid  out  of  the  State  Treasury, 
upon  account  approved  by  the  Brigadier  General  commanding  said  brigade. 

Sec.  8.  That  any  person  who  shall  fail  or  refuse  to  do  and  perform  military 
service  under  this  act,  without  sufficient  excuse,  shall  be  deemed  guilty  of  the 
crime  of  desertion,  and  on  conviction  thereof,  by  a  Court  Martial,. shall  suffer 
such  punishment  to  be  determined  by  said  Court  Martial,  not  inconsistent  with 
the  rules  and  regulations  governing  the  army  of  the  Confederate  States. 

Sec.  9.  That  company,  battalion  and  regimental  drill  is  suspended  during 
the  continuance  of  the  present  war.  Enrolling  Officers,  whilst  engaged  as  such, 
shall  be  entitled  to  the  pay  as  2d  Lieutenant  of  Cavalry,  to  be  paid,  out  of  the 
Treasury  of  the  State  of  Texas,  the  same  to  be  approved  by  the  Brigade  com- 
mander. 

Sec.  10.  That  it  shall  be  the  duty  of  the  several  Brigadier  Generals  herein 
provided  for,  under  such  directions  as  the  Governor  may  cause  to  be  devised, 
to  encourage  and  form  volunteer  companies,  and  organizations  of  such  persons 
as  are  not  subject  to  militia  or  other  duty,  for  local  defense,  and  all  necessary 
police  regulations  in  the  counties  where  such  companies  may  be  raised,  and 
for  service  in  the  field  in  an  emergency ;  but  in  no  event  shall  such  com- 
panies or  organizations,  when  constituted  of  one  or  moie  companies,  be  marched 
beyond  the  limits  of  their  Brigade  District,  without  their  consent;  and  when 
any  such  company  or  organization  shall  go  beyond  the  limits  of  their  district, 
they  shall  be  allowed  to  return  at  their  own  option.  It  shall  also  be  the  duty 
of  the  Brigadier  Generals  of  Districts,  to  appoint  proper  Enrolling  Officers, 
and  all  such  persons  as  have  heretofore  been  exempt  from  duty  on  account  of 
physical  disability,  and  in  such  cases  as  the  Enrolling  Officer  may  think  are 
able  to  perform  military  duty  in  the  field,  shall  be  required  to  present,  them- 
selves before  the  board  of  physicians,  as  herein  provided,  for  re-examination, 
and  those  found  fit  for  duty  in  the  field,  shall  be  enrolled  and  subject  to  duty. 
That  the  physicians  appointed  by  the  Brigadier  Generals,  to  examine  applicants 
for  discharge  on  account  of  disability,  shall  be  required  to  discharge  such  duties, 
and  in  case  of  refusal,  shall  be  enrolled  in  the  militia,  and  subject  to  duty, 
unless  otherwise  exempt. 

Sec.  11.  That  all  laws  and  parts  of  laws  conflicting  with  the  provisions  of 
this  act  be,  and  the  same  are  hereby  repealed,  and  that  this  act  take  effect  and 
be  in  force  from  and  after  its  passage. 

Approved  December  16th,  1863. 

CHAPTER  LXV. 

AN  ACT  to  regulate  Distilleries  and  to  repeal  the  law  authorizing 
Licenses  therefor. 

Section  1.  Be  it  enacted  by  tlie  Legislature  of  tiu  Stale  of  Texas,  as  follows  : 
The  County  Court  of  any  county,  in  the  administration  of  its  police,  shall  have 
authority  at  any  time,  under  current  circumstances,  to  determine  and  declare 
the  distilling  of  spirits  to  be  prejudicial  to  public  subsistence.  On  such  declara- 
tion being  properly  entered  on  the  minutes  of  proceedings  of  the  County  Court, 
the  District  Court  shall  have  jurisdiction  of  the  subject ;  and  the  County  Court, 


or  anv  person,  may  prosecute  for  any  such  offence  ;  and,  according  to  the"  law 
for  other  like  cases  of  offenses  against  public  policy  and  economy  and  health,  the 
offender  under  this  act  may  be  punished  and  the  business  restrained :  Provided, 
That  proceedings  under  this  law  shall  not  be  conducted  so  as  to  deprive  any 
person  of  his  privilege  from  a  legal  license  for  distilling,  without  adequate  com 
pensation  being  made,  unless  by  the  consent  of  such  person. 

Sec.  2.  The  law  which  imposes  an  occupation  tax  of  one  thousand  dollar*  on 
a  distiller,  for  each  still  employed  in  distilling,  is  repealed. 

SBO.  o.  This  act  shall  be  in  force  from  its  passage,  and  shall  be  in  force  until 
tbe  termination  of  the  present  war,  at  which  lime  it  shall  cease  to  he  the  law 

Passed  December  16th,  1863. 

CHAPTER   LXV1. 

AN  ACT  In  proi'kle  for   the   Election  of  Senators  and    Ilepresentatires  to  the 
Eleventh  Legislature,  for  the  year  1866,  in  Counties  occupied  by  a  public  enemy 

Section  1.  lie  it  enacted  by  the  legislature  of  the  Stale  of  Texas,  That  in  all 
cases  where  Senatorial  or  Representative  districts  are,  in  whole  or  in  part, 
occupied  by  a  public  enemy,  so  that  elections  cannot  be  held  in  such  districts 
for  members  of  the  eleventh  Legislature,  as  required  by  law,  the  legally  quali- 
fied electors  of  such  district,  or  districts,  may  cast  their  votes  at  any  precinct, 
or  precincts,  in  the  State,  for  a  citizen,  or  citizens,  of  their  respective  districts, 
for  Senator,  or  Representatives,  to  represent  them  in  the  eleventh  Legislature  : 
Provided,  That  the  Judges  of  any  election  precinct  shall  not  permit  any  person 
to  vote,  under  the  provisions  of  this  act,  unless  he  shall  first  swear  that  ho  is  a 
citizen  and  an  elector  of  the  representative  or  senatorial  district  for  whose 
Representative  or  Senator  he  proposes  to  cast  his  vote  ;  and  the  several  Chief 
Justices  of  the  counties  where  such  votes  shall  be  cast,  are  hereby  required  to 
certity  such  votes  so  cast,  and  return  the  sume  to  the  Secretary  of  State,  speeifi 
cally  stating  the  district  for  which  such  votes  were  given,  and  whether  for 
Senator  or  Representative,  under  the  same  regulations  as  are  prescribed  iu 
other  cases  ;  and  the  person,  or  persons,  having  the  highest  number  of  vote;,  foi 
the  respective  offices,  shall,  on  tbe  production  of  a  certificate  of  the  fact  from 
the  Secretary  of  State,  be  entitled  to  represent  the  district  for  which  they  are 
elected,  in  the  Senate  or  House  of  Representatives  of  the  eleventh  Legislature, 
as  the  case  may  be. 

Passed  December  Kith,  \8i'<?>. 


CHAPTER   LXY1I. 

AN  ACT  to  amend  Articles  412  and  41s  of  "An  Act  to  adopt  and  establish  u 
Penal  Code  for  tin-  State  ,»/'  Texas,"  approved  August  2s,'//,  1866 

Section  1.  Be  il  enacted  by  the  Leeyislature  of  the  Slate  of  Texas,  That  article 
412,  of  the  above  recited  act,  shall  hereafter  read  as  follows,  to  wit  :  "  If  anv 
person  shall  keep  or  exhibit  for  the  purpose  of  gaming,  any  gaming  table  or 
bank,  of  any  name  or  description  whatever,  or  any  table  or  bank,  useil  foi 
gaming,  which  has  no  name,  or  shall  be  in  any  manner  interested  in  keeping 
or  exhibiting  snch  table  or  bank  at  any  place,  he  shall  lie  lined  not  less  than 
five  hundred  dollars,  nor  moro  than  one  thousand  dollar*." 

BM.  2.  Be  it  further  enacted.  That  for  each  game  upon  which  any  of  the 
games  enumerated  in  the  first  section  of  this  act,  or  in  the  fourth  chapter  ol  the 
Penal  Code,  shall  be  played  or  exhibited,  shall  constitute  a  separata  offence  : 
and  that,  in  all  cases  arising  under  the  provisions  of  this  act,  where  Justices  ol 
the  1'eace.  Mayors,  and  Recorders,  have  not  jurisdiction  finally  to  try,  it  shall 
be  their  duty  to  bind,  as  in  other  cases,  the  person  accused  to  answer  such 
I) 


so 

charge  at  the  next  term  of  the  District  Court  to  be  held  in  the  county  in  which 
such  offence  shall  have  been  committed. 

Sec.  3.  That  article  418,  of  the  above  recited  act,  shall  hereafter  read  as 
follows,  to  wit :  "  If  any  person  shall  bet  at  any  gaming  table  or  bank,  sucb 
as  aie  in  the  six  preceding  articles  mentioned,  he  shall  be  fined  not  less  than 
one  hundred  dollars,  nor  more  than  two  hundred  and  fifty  dollars." 

Sec.  4.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  10th,  18(13. 


JOINT    RESOLUTIONS. 


CHAPTER  I. 
JOINT  RESOLUTION. 

1.  Resolved  by  the  Legislature  of  the  State  of  Texas,  That  in  consideration  of 
the  patriotic  service,  personal  sacrifice,  and  distinguished  gallantry  of  all 
Texian  Soldiers  who  have  been,  and  who  are  now,  in  the  Armies  of  the  Confed- 
erate States  and  State  of  Texas,  battling  for  Southern  honor  and  independence, 
we,  the  Representatives  Of  the  State  of  Texas,  for  ourselves  and  in  bebalf  of 
our  constituents,  tender  to  them,  both  officers  and  men.  the  sincere,  heartfelt 
thanks  of  the  people  of  the  State  of  Texas  ;  and  that,  recognizing  them  as  the 
brave  defenders  of  our  common  liberties,  we  hereby  pledge  ourselves,  and  the 
State,  to  the  support  and  maintenance  of  their  families  during  their  absence 
from  home. 

2.  Resolved  hy  the  Legislature,  That  the  Governor  is  hereby  requested  to 
have  the  above  resolution  printed  and  forwarded  to  each  regiment,  battalion, 
and  independent  company,  raised  in  the  State  of  Texas,  with  a  request  of  their 
respective  commanders  to  have  the  same  read  on  dress  parade. 

Approved  November  -4th,  1863. 

CHArTER  II. 

JOIXT  RESOLUTION. 

1.  Resolved  by  the  Legisfatutt  of  the  State  of  Texas.  That  our  Senators  in 
Congress  be  and  they  are  hereby  instructed,  and  our  Representatives  in  Con- 
gress  be  respectfully  requested,  to  use  their  best  efforts  to  repeal  all  laws 
exempting  persons  from  conscription,  on  account  of  their  being  the  owners  of 
property  of  any  description  whatever. 

2.  Resolved,  That  the  Governor  be  requested  to  transmit  a  copy  of  this 
resolution  to  each  of  our  Senators  and  Representatives  in  Congress. 

Fassed  December  3d,  1S63. 

CHAPTER  III. 

JOINT  RESOLUTION  requesting  our  Senators  a»d  Representatives  (n  Congress 
la  increase  Out  isaqes  of  the  tun-commissioned  officers  and  privates  in  the  Army 
aud  Nary  of  the  Confederate  Kates  of  America. 

Resolved  hy  the  Legislature  of  the  Statu  of  Texas,  'Hint  our  Senators  in  Congress, 
and  onr  Representatives,  are  requested  t<>  use  tlu-ir  influence  to  Increase  the 
wages  of  the  non-commissioned  officers  and  privates  In  the  Army  and  Navy  of 
the  Confederate  States  of  America  \  and  that  (V>njrr«>n  increase  the  tax,  so  a» 
to  meet  the  increase  of  pay- 

PssBsd  Decembef  16th,  1868 


52 

CHAPTER  IV. 

JOINT  RESOLUTION  to  provide  jor  the  Payment  of  the  State  Troops. 

Whereas,  the  State  troops  were  called  out  by  the  proclamation  of  His  Excel- 
lency Governor  Lubbock,  in  1862,  and  these  troops  were  transferred  to  the 
Confederate  Commander  of  the  State  of  Texas  ;  and,  whereas,  supplies  to  meet 
the  wants  of  these  troops  were  furnished  by  individual  advancement  and  credit, 
&c.  which  have  not  been  reimbursed  or  met  by  either  State  or  Confederacy  : 

Therefore,  be  it  resolved  by  Die  Legislature  of  the  State  of  Texas,  That  the 
Adjutant  and  Inspector  General  of  the  State  be  and  is  hereby  instructed  to 
inquire  into  the  cause  of  the  non-payment  of  any  or  all  claims  in  the  premises, 
and  to  take  such  steps  as  will  properly  adjust  the  rights  of  all  concerned. 

Approved  December  10th,  1863. 

CHAPTER  V. 
JOINT  RESOLUTION  in  relation  to  Public  Printing  for  the  Tenth  Legislature. 

h  Re  it  enacted  by  the  Legislature  of  Hie  Stale  of  Texas,  That  the  Secretary  of 
State,  Comptroller  and  Treasurer,  or  a  majority  of  them,  be  required  to  proceed 
immediately  after  the  adjournment  of  the  Tenth  Legislature,  to  contracffor  thf 
Public  Printing,  as  nearly  as  may  be  in  accordance  with  existing  laws ;  and 
that  this  resolution  take  effect  from  and  after  its  passage. 

Approved  December  16th,  1863. 

CHAPTER  VI. 

JOINT  RESOLUTION. 

Wbekeas,  the  present  war.  waged  by  the  Government  of  the  United  States 
upon  the  Government,  people  and  property  of  the  Confederate  States,  is  with- 
out precedent  in  its  atrocious  and  unchristian  character  ;  and,  whereas,  the 
comparative  exemption  of  our  own  dear  Stale  from  many  of  the  more  dire 
concomitants  of  war,  may  have  been  construed  as  a  cause  for  our  unanimity  in 
sustaining  our  Government : 

1.  Therefore,  be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  now 
that  our  presumptuous  enemy  treads  our  soil  in  heavy  number  and  menacing 
attitude,  we  bid  him  a  proud  and  scornful  defiance. 

2.  That  we  pledge  to  our  sister  States,  that  in  this  struggle,  our  authorities 
and  our  people  will  evince  a  patriotism  and  endurance  as  great  as  the  occasion 
and  as  prolonged  as  the  conflict. 

3.  That  although  as  a  free  people,  we  have  exercised  the  right  of  criticism 
upon  the  acts  of  our  President  and  his  Cabinet,  yet  we  here  record  our  full 
confidence  in  the  patriotism  and  ability  of  President  Davis  ;  and  do  furthermore 
declare,  that  if  remitted  now  to  our  option,  we  would  not  exchange  him  lor  any 
citizen  of  the  Confederacy,  as  the  pilot  to  carry  us  through  the  present  stormy 
struggle  for  liberty  as  a  people,  and  for  independence  as  a  nation. 

Approved  December  16th,  1863. 


INDEX  TO  THE  GENERAL  LAWS. 


ADMINISTRATORS. 

ALIEN  ENEMIES?  "  re"f  rr°I,ert*  *  public  ai,ctl,,n M 

Stay  law  not  to  effect  debts  due  by a 

APPROPRIATIONS.                                            *                " 

Contingent  expenses,  Tenth  Legislature g 

Mileage  and  per  diem,  Tenth  Legislature !.....!..  7 

To  supply  deficits  in  appropriations  for  Frontier  Regiment If! 

lor  support  of  Frontier  Regiment ir, 

For  auditing  claims  of  the  State  agaiust  the  Confederate  States lr, 

For  hospital  fund 21 

For  support  of  families  and  dependents  of  Texian  soldiers 21 

!■  or  re-covering  public  buildings 2ft 

For  protection  of  the  frontier  for  1864  and  1865 H4 

asyi  w*    sTvr£P°rt  °f  the  State  Government  for  1864  and  I860 .'.'.'.'.'.  4.0 

Punishing  persons  removing  or  destroying  timber,  ,vc,  belonfffne 

thereto n 

ASYLUMS,  LUNATIC,  

See  *'  Lunatic  Asylum." 
ATTACHMENTS, 

Writs  of.  to  issue  in  certain  cases,  notwithstanding  Stay  laws. ...  ft 

Former  law  amended 77 

ATTORNEYS,  DISTRICT,  

To  report  to  Comptroller  the  condition  of  suits  brought  against 

defaulters  7 

B 

BAIL  BONDS, 

Not  to  be  forfeited  in  certain  cases 10 

BEEF  CATTLE, 

Ululating  the  sale  of 30 

„~    „  TiiRt  of  lho!ie  pold  must  be  kept,  &c 30 

BOARD,   MILITARY, 

Reorganized >k 

BONDS, 

Suite  are  in  certain  rapes  suspended. ...  ft 

BONDS  OF  R.  R.  COMPANIES, 

See  "Rail  Road  Companies." 
RONDS,  COTTON, 

Two  millions  of  dollars  to  be  raised  by  the  sale  of,  b>r  defensive 

purposes ^ 

To  provide  for  the  payment  of 28 

BILLS  OF  EXCHANGE.  

Collection  of  suspended 5 


54 
C 

CALVES,                                                                                                              page. 
For  sale  for  slaughter  must  be  branded 30 

CLEKKS, 

Salary  of  Governor's  Private  Secretary  fixed 8 

CODE,  PENAL, 

Article  231  amended 12 

Treason  against  the  State  defined 12 

Actual  communication  with  the  public  enemy  not  necessary  to  con- 
stitute the  offence  of 12 

Meaning  of  "  Overt  Act  "  defined 13 

Article  233  amended 13 

"  Misprision  of  Treason  "  defined 13 

Not  giving  information  of  treason  committed,  constitutes  Misprision 

of  Treason 13 

Husband  and  wife  excepted 13 

Article  233  a  added 13 

Definition  of  an  intention  to  commit  treason 13 

Article  234  a  added 13 

Definition  of  the  offence  of  "  Encouraging  Treason." 13 

Advising  one  to  join  the  public  enemy,  or  that  he  owes  obedience 

or  duty  to  the  public  enemy,  punished,  and  how 13 

Writing,  printing,  or  causing  to  be  written  or  printed,  any  book, 
paper,  pamphlet,  &c,  tending  to  encourage  treason,  punished, 

and  how 13 

Article  780 IS 

"Conspiracy,"  defined  and  punishment  therefor  affixed 13 

Article  412  amended 49 

"  Gaming,"  defined  and  how  punished 49 

CODE  OF  CRIMINAL  PROCEDURE, 

Article  960  amended. 36 

COMMON  CARRIERS, 

To  further  define  their  liabilities 7 

COMMISSIONER  FOR  SALE  OF  COTTON  BONDS, 

Appointment  of 9 

Salary  of .      9 

CONFEDERATE  STATES, 

Act  of  1849  to  cede  jurisdiction  in  certain  cases,  amended 4 

Claims  of  the  State  against,  to  be  audited 16 

CONSPIRACY, 

See  "  Code,  Penal." 

CONSCRIPTION, 

Joint  Resolution  requesting  Congress  to  repeal  property  exemption, 

from 50 

COTTON  BONDS. 

$2,000,000  to  be  raised  by  sale  of,  for  the  defense  of  the  State  and 

for  purchase  of  machinery 9 

COTTON, 

To  provide  for  the  purchase  of,  to  meet  the  payment  of  cotton 

bonds 29 

COUNTIES, 

Jails  of  to  be  used  for  the  custody  of  deserters,  &c 4 

COUNTY  COURTS, 

To  regulate  the  pay  of  Sheriff  in  certain  cases ' 11 

71st  section  of   the  act  of   1848,  regulating    proceedings  therein, 

amended 12 

58th  section  of  same  act,  amended 14 

Amending  the  law  organizing 15 

Regular  terms  thereof  to  be  held,  and  when 15 

To  regulate  the  quality  of  spirits  offered  for  sale 19 

COUNTY  BOUNDARIES, 

To  provide  for  ascertaining  conflicts  in j  > . , 27 

COURTS,  DISTRICT, 

Act  of  1846,  regulating  proceedings  therein;  amended. 10 

How  and  where  suits  must  be  brought. ..........  a  n..i... 10 


65 

D 

DEEDS  OF  TRUST, 

How  affected  by  Stay  Law a 

DEFAULTERS.  STATE,                                                         ° 

District  Attorneys  to  report  condition  of  suits  brought  against  to 

Comptroller ■ 

DECEASED  PERSONS,  ESTATES  OF.  

See  "  Estates  of  Deceased  Persons." 
DESERTERS.  &c, 

County  Jails  to  be  used  for  their  custody     . .  4 

Punishment  for  persons  harboring "  •),. 

Punishment  for  encouraging «, 

DEFENSE  OF  THE  STATE,                                               3l 

Sec  "  State." 
DESERTION, 

To  further  provide  punishment  for <. 

WSLOYALTY.                                                              4s 

t  [fence  defined  and  punishment  fixed. . .  on 

IMS  \FFECTION  TO  THE  STATE.                                          W 

Offence  defined  and  punishment  fixed 9I. 

P1STR1CT  COURTS,                                                                 n> 

Act  regulating  proceedings  therein  amended 10 

Special  terms  thereof  provided  for '  07 

DISTRICT  CLERKS,                                                     ' 

May  administer  oaths on 

Powers  relating  to  attachments '  ?T 

DISTILLERIES,  

Law  granting  licences  therefor,  repealed 49 

May  be  declared  nuisances <« 

DOMAIN,  PUBLIC,                                                                48 

Relief  of  pre-emption  settlers  thereon 4 

Location,  survey  and  sale  of,  suspended,  except  in  certain  cases'.  J5 

V 
KNVOURAGEMENT  OF  TREASON, 

See  "Code,  Penal." 
ENROLLING  OFFICERS. 

To  aid  them  in  discharge  of  their  duties.   , H 

May  call  on  Sheriff. 

Of  the  State,  how  appointed  and  paid ah 

ESTATES  OF  DECEASED  PERSONS,  

Law  regulating  proceedings  in  County  Courts  pertahdng  thereto 

amended 19 

Property  belonging  to,  must  be  rented  or  hired  at  public  auction !.'. 

71st  section  of  the  act  regulating  proceedings  pertaining  tin 

amended 12 

58th  section,  same  act,  amended .  n 

ENEMY,  PUBLIC,  

Person  communicating  with,  punished 21 

Punishment  for  adhcreing  to vi 

W   LAW,  " 

Law  suspending  the  operation  of,  amended 8 

<  Sertoli)  stock  may  be  estrayed 

Persons  who  estrayed  stock  prior  to  I  83,  shall  BOW  sell.      x 

Persons  cstrayiiig  shall  not  bid 

Regulated  in  certain  counties -\\ 


FINANCIAL  AGENT  <>f  PENITENTIARY, 

Bond,  how  made 

To  employ  additional  labor  lot  the  PcniteDtian  ■ 

P»  M    J  EAR, 

<m  state  officers,  establish*  ■! 
FORFEITURES  OF  BAIL  BO* 

Prorided  ag  linst  Inceri  in 


56 

FRONTIER,  .  .        .  >  PAG£ 

Providing  for  defense  of . £ 

Section  1,  designates  the  frontier  counties. .. .. U 

Section  2,  divided  into  three  Districts,  and  of  the  organization. ....  24 

Section  6,  one-fourth  of  men  must  be  in  active  service  continuously.  U 

Section  l\  oath  required 24 

Section  8,  pay  of  officers  and  privates £J 

Section  9,  Court  Martial,  how  and  when  convened f* 

Section  10,  Governor  to  appoint  a  pay  master £> 

Section  11 ,  Ammunition,  how  furnished.  ••••••••••• £? 

Section  12,  present  regiment  turned  over  to  the  C.  S.  service & 

Disposition  regimental  property •  • -  * 

Section  13,  Governor  to  make  necessary  regulations  for  government 

of  the  organization •  • •  •  •  •  • £> 

Further  provisions  for  defense  of  other  counties,  added . 

Rank  of  Paymaster 

FRONTIER  REGIMENT,  16 

Appropriation  for  support  of ,  &c « 

Turned  over  to  C.  S.  service ."V'A'a'rt i 

Auditing  and  settling  claims  of  the  State  against  C.  S.  Government 
for  defense  of 

G 

GAMING,  ,  ,, 

See  "  Code,  Penal. 

GLOVER,  JOHN  C,  42 

For  relief  or 

GUARDIAN^  ^  or  h.M  property  of  their  ward8  at  pubHc  aution 12 

H 

HOSPITAL,  .  ,  21 

Appropriation  tor 

HUSBAND,  n^  ^  .nfoim  Qf  an  intenti0Q  of  Wa  wife  to  commit  treason,  fto. . . . 

I 

INJUNCTION^  of  D.8trict  Court  may  bear  motions  for  disaoiution  of,  and    ^ 

when <■ 

INTEREST  ON  R-  R.  BONDS, 

See  "  R.  R- Companies." 

IR°N'  Military  Board  to  provide  for  the  manufacture  of 

J 

JAILS'  C°Uu9eIfor  custody  of  deserters,  &e * 

JUDGES,  DIS TRICT,pec.ai  ^  of  ^  fof  crimjnal  ^  &c 

JURISDICTION,  (Confedera(eStates„ 

L 

LAND'         Donated  to  persons  erecting  manufactures,  &c j 

For  relief  of  owners  of  when  sold  for  taxes 

LANDS,  UNIVERSITY, 

See  "  University  Lands." 

LEGISLATURE,  "        ,. 

See  "Secretary  of  State." 

LEGISLATURE vnTH,for  ^  ^^  of  memberi  to,  in  countie*  occupied  by    ^ 

the  public  enemy 

LEGAL  NOTICES,  . .        d1 

Act  regulating 


57 

LIBRARY,  STATE, 

Secretary  of  State  to  have  control  of *     jjj 

Income  tax  upon  sale  of ,,. 

LUNATIC  ASYLUM,  1G 

Act  organizing,  amended 4o 

M 
MACHINERY. 

MANUF  VC  iTKFS  *"  Pm"Chaae  °f  *?  be  raf8ed  b-v  Bal«  of  "»<*<">  lu.nds !> 

Land  donated  to  persona  erectiuer  <>o 

MFLITIA,                                                                   " 

See  "  State  Troops." 
MILITARY  BOARD, 

Reorganized ,,f 

To  provide  for  manufacture  of  spinning  jinnies o 

To  provide  for  the  manfacture  of  iron. 
MILITARY  DISTRICTS,  : b 

Frontier  counties  divided  into.  .  .       .  .,. 

State  brigaded '                  :/. 

MILITARY  DUTY,                                          '  ' 

Punishment  for  refusing  to  perform  is 

MISPRISION^FhTnREAS0ONnOOUraging  ^^  '"  "^  *°  ^«™» ••'•••  •'■'•'•  « 

See  ■•  ('ode.  Penal." 
MORTGAGES, 

Eflfecl  of  Stay  Law  on r 

MOTHER,                       *                                  ° 

Not  guilty  for  shielding  a  deserter i;; 

X 
NOTICE.  LEGAL, 

Publication  of  regulated    

NUI8ANCES,  

Distilleries  may  be  declared 

0 
OFFICERS, 

s.e  ••  Enrolling  Officers." 
OFFICERS,  STATE, 

Termination  of  Oscal   year  ^ 

OFFICERS,  NON-COMMISSIONED,  

Requesting  Congress  to  increase  the  wages  of. . . 5] 

P 

PENAL  com:. 

See  "  Code." 

PENITENTIARY, 

Employment  of  additional  labor  tin  rein 6 

1 '.ond  of  Financial  Agent ..  i 

Manner  of  paying  offloers  of '.'.' 

PENSIONERS,  

Appropriations  for ls 

percussion  caps,  

State  Quarteraaator  to  dispose  of  a  certain  amoanl li 

Joint  Resolution  concerning 59 

•BIVATES,  

Joint  Resolution  requesting  Congress  to  inert  .of ',l 

Collection  of  suspended, s 

TiU.lc  BUH.DINGS,  

<  lertain  ones  to  be  r<  

Flil.U'  DOMAIN,  

Por  relief  of  settlers  thereon,. 4 

Location,  survey  and  sale  <  ■ptincertaii  16 

E 


58 

PUBLIC  PRINTING,  page. 

Joint  Resolution  relating  to, 52 

Q 

QUARTER  MASTER,  STATE. 

To  dispose  of  certain  caps, 14 

R 

RAILROAD  COMPANIES, 

Comptroller  to  receive  interest  due  on  their  Bonds, 37 

RECOGNIZANCES,  &c. 

Not  forfeited  in  ce"tain  cases, 10 

RENEGADES. 

Liabilities  hot  affected  by  Staw  Law, 27 

s 

SECRETARY  OF  STATE, 

Act  of  1849:  defining  the  duties  of,  amended, 14 

SEDITION1, 

Act  defining  and  punishing  amended, 20 

SEQUESTRATION, 

Writs  of  to  issue  in  certain  cases 6 

SETTLERS'  PRE-EMPTION, 

For  the  relief  of, 4 

SHERIFFS, 

Compensation  of,  for  employing  guards, 36 

County  Courts  to  regulate  the  pay  of,  in  certain  cases, 11 

Enrolling  I  Ifficers  may  call  on  them  for  assistance, 11 

Punishment  for  refusing  assistance, 11 

Enrolling  Officers 11 

Compensation  for  employing  guards, 36 

SOLDIERS, 

Providing  for  the  support  of  families  and  dependents  of, 21 

Former  laws  providing  for  the  support  of  families  and  dependents  of, 

amended 28 

Joint  Resolution  of  thanks  to 51 

SPECULATION, 

Act  to  prevent  speculation,  of  1862,  amended 3 

SP1NINNC  JENNIES, 

Manufacture  of  provided  for, 8 

STAY  LAW, 

I  V-eiiacied, 5 

Supplemented  and  amended, 26 

STATE, 

To  provide  for  defence  of, 44 

Section  !.  Governor  to  continue  Militia  in  the  field, 44 

ection  2.  Militia  now  in  the  field  to  be  enrolled 44 

Section  3.  At  the  expiration  of  the  time  of  service  of  the  active 

Militia  a  re-organi^ation  t<>  be  had, 44 

Sections  1  ..  5.  <  Jlassification  of 44 

stion  (i.  Punishment  for  persons  refusing  to  perform  duty 

S  ction  7.  Transferable  to  the  Confederate  service,  and  how 45 

Section  8.  Providing  for  the  pay  of 45 

sction  9.  Disbanding  does  not  di  stroy  the  organization  of,   -15 

i  i      ;.  Persons  having  substitutes  liable,  when  and  how, 45 

STATE  TROOPS, 

Si  ■■ion  1.  Who  is  exempt, 46 

Secfltio  .  '.'-.  Military  division  of  the  State *6 

Section  3.  Appointment  of  General  and  Staff  Officers, 46 

Section  4.  How  ordered  into  active  seryu  e, 47 

Draft,  how  made,. +7 

Section  5.  Organization  and  turning  over  of  the  di  ailed  men, 47 

Section  6.  Present  Brigadier-Gene  rate  superceded,   47 

Section  7.  Appointment  and  <   m          ati               irgeons 4/ 

d  i  8    Refusing  to  perform  duty  eqniy&tetiti'to  desertion, 

Section  !).  Drill  suspended— Enrolling  Officers 48 


59 

STATE  TROOPS, 

Section  LO,  Volunteer  Exempt  Companies  encouraged  PAQ« 

DistoiSt,.™  d  b6y0Dd  ,'"'  ,mii,*'(','<^  RrigauY 

Persons  heretofore  'exempted  to  be  re-examined!: £ 

grjixg  nln,  ^solution  concerning  pay  of 

BUNDAT      !"  Di8tric'  '  ""rt-  where  ("  '"'  instituted 10 

SUGAR   pLffinATlONsftted°nP,mi8hed •   - M 

SUPREME  COURT?*  **"  *"***'  ^  ^  Certain  '';'s"s M 

l  District  to  hold  its  Bpringtermal  Lustin  or  else- 

4 

T 
TAXES, 

lacome  Taxes  levied  upon  |  Distilled  Spirits,  Ac  m 

Confederate  Trei  lard  of  valuation,       JS 

lofdiers,.01!  ,ed.       "ie  BttpP°rt  °f  ,',n,ilil's  a*"'  ^pendente  or 

the  relief  of  the  owners  of  'Land*  sold  for', $£ 

General  Revenue  Act..  X 

HIEASON,  58 

"  Code,  Penal." 


D 

rxivmsm  lands, 

>'  irther  relief  of  purchasers  <>f. 


36 


VENDITIONI  EXPONAS, 

81  iv  Law." 

W 

Wards, 

"Guardians." 

WAP.  Tin: 

'  Resolution  relating  to n 

<>i'  Don-commissioned  officers  and  privates  requet  1.  dtobi    -  rrea?ed.    51 

Nol  to  report  intention  or  husband  to  commit  treason,  Ac  u 

Ljjj  'ty  when  shielding  deserter,  and  when .....'.'.'.'.    81 

levit  (l  up.  n,  lf 


